DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11010-106
20 July 2012
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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 19 July 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.
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 on 11 September 2006 at age 18 and
immediately began a period of active duty. You served without
disciplinary incident until 7 May 2007, when you received
nonjudicial punishment (NJP) for failure to go to your appointed
place of duty, failure to obey a lawful order by having a
cellular telephone in class, and malingering by feigning numerous
physical ailments to avoid duty. The punishment imposed was
restriction for 60 days, and to be processed for an
administrative separation.
On 22 June 2007 you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense. After waiving your procedural rights to consult
with legal counsel and to present your case to an administrative
discharge board (ADB), your commanding officer recommended
discharge under honorable conditions by reason of misconduct due
to commission of a serious offense. On 27 June 2007 the
discharge authority approved this recommendation and directed
your commanding officer to issue you a general discharge by
reason of misconduct, and on 13 July 2007, you were so discharged
and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all«potentially mitigating factors, such as
your” yourweepost service conduct, and desire to change your
-reenlistment ‘code so that you may reenlist. Nevertheless, the
Board’ doncliuded these factors were not sufficient to warrant a
change of your reenlistment code because of the seriousness of
your misconduct in such a short period of time and also resulted
in an NUP. Further, Sailors separated by reason of misconduct
normally receive discharges under other than honorable
conditions, and as such the Board noted that you were fortunate
to receive a general discharge. 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,
W. DEAN PF
Executive r oO
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