DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 11122-10
25 July 2011
my:
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 16, 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 14 July 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 entered active duty in the Navy on 13 November 2000, and
served without incident until 13 April 2001, when you received a
page 13 counseling for failure to obey a lawful order and
unauthorized absence (UA). Shortly thereafter, on 23 July 2001,
you received nonjudicial punishment for UA, three specifications
of failure to obey a lawful order, two specifications of
falsifying an official statement; and assault. Therefore, you
were recommended for separation with an other than honorable
(OTH) discharge due to misconduct. You waived your rights to
consult with counsel and request an administrative discharge
board (ADB). The separation authority approved the
recommendation and on 3 August 2001, you were separated with an
OTH discharge and an RE-4 reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, and statement in your application. Nevertheless, the
Board concluded these factors were not sufficient to warrant the
following: 1) a recharacterization of your discharge, 2) a change
to your separation code, 3) a change to your RE-4 reentry code,
and 4) your reason for separation, due to your 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
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
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