DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6679-10
29 September 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 15 September 2010. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 5 April 2007.
You received nonjudicial punishment on four occasions for
offenses that included failue to obey a lawful order, disrespect,
insubordination, disorderly conduct, and unspecified violations
of Articles 92 and 128, Uniform Code of Military Justice.
On 15 April 2009 your commanding officer recommended that you be
separated from the Navy by reason of misconduct/pattern of
misconduct, with a general discharge. After being informed of
the recommendation, you waived the right to present your case to
an administrative discharge board. The recommendation was
approved by the separation authority, and you were discharged on
13 May 2009 with a general discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
record. The Board concluded that those factors were insufficient
to warrant recharacterization of your service. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
Concerning the corrections to your record that the Naval
Discharge Review Board directed in 2009, the Board will ensure
that the Navy Personnel Command take appropriate action.
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,
Doss
W. DEAN PFEI
Executive Dinkeéc
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