DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
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Cr” WASHINGTON DC 20370-5100
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Docket No: 13006-10
5 May 2011
This is reference to your application for correction of your
naval record dated 15 December 2010, in which you requested
correction of your reason for discharge and your reentry code.
The Board did not consider your request for correction of your
reentry code, as that request was previously denied, and you have
not submitted any new material evidence concerning that request.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 27 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 that the evidence submitted was
insufficient to establish the existence of probable material
errer or injustice.
The Board found that you enlisted in the Navy on 13 August 2003.
On 3 March 2006 you received nonjudicial punishment for making a
false official statement. You also had numerous claims of
indebtedness against you during your period of service.
On 31 May 2006 your commanding officer recommended that you be
separated from the Navy with a general discharge by reason of
misconduct due to a pattern of misconduct. After review by the
discharge authority, the recommendation for separation was
approved and on 9 June 2006 you were separated with a general
discharge.
On 5 October 2010 this Board upgraded your discharge to
honorable.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
record of service. The Board concluded that those factors were
insufficient to demonstrate that the reason and authority for
your discharge is erroneous or unjust. 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,
a) We and )
W. DEAN PFI
Executive Di
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a)
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