DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ: ecb
Docket No. 12627-10
25 February 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 16
February 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You enlisted in the Navy on 8 October 2002 for a term of four years.
Unfortunately you only served a little over two years and were
discharged for misconduct. More specifically between July and
October of 2004 you received two nonjudicial punishments (NJP) for
failure to obey a lawful written order and commission of a serious
offense. Moreover you had marks 2.0 in conduct 1.83 in overall trait
average which are below the marks required for an honorable
discharge. Based on your documented military infractions you were
separated for misconduct with a general discharge.
In its review of your application the Board concluded that in view
of your disciplinary record and low grades you were indeed fortunate
to have received a general discharge. Sailors who are discharged
for misconduct with records such as yours are routinely issued other
than honorable discharges.
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,
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