DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 08357-10
5 May 2011
This ig 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 4 May 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
2 December 2008. On 19 March 2009, you received nonjudicial
punishment (NUJP) for larceny. On 1 April 2009, you were notified
that administrative discharge procedures were initiated and that
you would receive a general discharge and a reentry code of RE-4
upon your separation. The discharge authority directed a general
discharge. You were so discharged on 30 April 2009.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your reentry code, given your
record of one NUP for misconduct. The Board also noted that you
were fortunate to receive a general discharge since a separation
under other than honorable (OTH) conditions is often directed
when an individual is found to have committed misconduct.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board also noted that you are entitled to submit the attached
Application for the Review of Discharge or Dismissal from the
Armed Forces of the United States (DD Form 293) to the Naval
Council of Personnel Review Boards, Attention: Naval Discharge
Review Board (NDRB), 720 Kennon Street, SE, Room 309, Washington
Navy Yard, Washington, DC 20375-5023, for consideration of an
upgrade of your discharge and a change in your narrative reason
for discharge.
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,
Lod Deon
W. DEAN PFEI
Executive Diréctor
Enclosure
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