DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 6134-10
8 April 2011
This is 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 5 April 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.
Biter 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
iti] Uustice.
You enlisted in the Navy on 22 September 2001 at age 19 and began
a period of active duty on 10 January 2001. You served for about
nine months without disciplinary incident, however, on 12
September 2002, you received nonjudicial punishment (NOP) for
absence from your appointed place of duty. The punishment
imposed was restriction and extra duty for 15 days and a $552
forfeiture of pay.
Your record contains three performance evaluations for the period
From 22 August 2003 to 15 July 2005 which reflect that you were
not recommended for advancement, retention, or reenlistment.
Your record also contains pre-separation documentation dated 13
December 2005 in which you acknowledged that you were ineligible
to be retained in the service.
On 9 January 2006 you were released from active duty under
honorable conditions and transferred to the Naval Reserve. On 9
January 2010, at the expiration of your enlistment, you received
a general discharge.
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations. , Your conduct average was 2.39. An average
o£. 2.5 in conduct was required at the time of your separation for
a, fully honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed allgpotentially mitigating factors, such as
your youth and desire to upgrade the characterization of your
general discharge and change your reenlistment code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your general
discharge or change your RE-4 reenlistment code because of your
misconduct, which resulted in NJP, your insufficiently high
conduct average, which did not warrant a fully honorable
characterization of service, and your nonrecommendation for
retention and reenlistment. 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,
Wont
W. DEAN PF
Executive e or
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