DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
~ TUR
Docket No: 6096-10
24 March 2011
This igs in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 22 March 2011. The names and votes of the
members of the panel will be furnished upon request. Your
allegations of error and injustice were reviewed in accordance
with administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered by
the Board consisted of your application, together with all
material submitted in support thereof, your naval record, and
applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 24 May 2000 at age 21 and began a
period of active duty on 9 June 2000. You served without
disciplinary incident until 7 August 2002, when you received
nonjudicial punishment (NIP) for absence from your appointed
place of duty and failure to obey a lawful order.
On 7 March and 28 April 2005 you received NUP for drunk and
disorderly conduct and absence from your appointed place of duty.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to a pattern of misconduct. The
discharge authority directed discharge under honorable conditions
by reason of misconduct due to a pattern of misconduct. On 24
June 2005, you were issued a general discharge and assigned an
RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to change your
reenlistment code. It also considered your assertion that your
discharge was the result of one minor offense. Nevertheless, the
Board concluded these factors were not sufficient to warrant a
change of your reenlistment code because of the seriousness of
your repetitive misconduct which resulted in four NJPs. Further,
there is documented evidence in the record that is contrary to
your assertion that your discharge was the result of one minor
offense. Finally, Sailors separated by reason of misconduct must
receive an RE-4 reenlistment code, and would normally receive
discharges under other than honorable conditions. Accordingly,
your application has been denied.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\Was
W. DEAN PF
Executive Dire
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