DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7409-10
B Apral 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 30 March 2011. Your allegations of error and
injustice were reviewed tn 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 and began a period of active duty on
14 July 2005 at age 18. On 14 July 2009, you received
nonjudicial punishment (NTP) for failure to obey a lawful order.
You were counseled regarding your misconduct and warned that
further offenses could result in administrative separation. On
29 July 2009, you received NUP for dereliction in the performance
of your duties. You were notified of pending administrative
processing with a general discharge due to misconduct. You
waived your right to consult counsel or submit a written
statement. On 21 August 2009, you received the general discharge
for misconduct, and were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant changing your
characterization of service or reenlistment code given the
seriousness of your misconduct that resulted in two NUPs.
An RE-4 reenlistment code must be assigned to all Sailors
discharged due to misconduct. Finally, the Board believed that
you were fortunate to receive a general discharge since a
separation under other than honorable conditions is often
directed when a Sailor is separated for misconduct. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
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
@vidence 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,
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