DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7444-10
8 April 2011
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 6 April 2011. 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 and began a period of active duty on
18 September 2001 at age 19. On 13 May 2003, you received
nonjudicial punishment (NIP) for dereliction in the performance
of duty and failure to go to your appointed place of duty. On
3 December 2003, you received NUP for unauthorized absence (UA)
from your unit for a period of 30 days and missing ship's
movement. You were notified of pending administrative discharge
processing with a general discharge due to misconduct.
You waived all of your procedural rights. On 21 January 2004,
you received the general discharge for misconduct. At that time
you were assigned an RE-4 reentry code, which means that you were
neither recommended nor eligible for reenlistment.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service and desire to continue your service career.
Nevertheless, the Board found that these factors were not
sufficient to warrant changing your reentry code given the
seriousness of your misconduct that resulted in two NJPs and a 30
day period of UA. Finally, an RE-4 reentry code must be assigned
to all Sailors discharged due to misconduct. The Board believed
you were fortunate to receive a general discharge since Sailors
who are separated for misconduct often receive other than
honorable characterizations of service. 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 gannot be taken. You are entitled to have the
‘Board reconsider es decision upon submission of new and material
sevidence 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,
\y.
W.
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