DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 166-11
30 September 2011
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 28 September 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
15 December 2008 at age 18. On 17 February 2010, you received
nonjudicial punishment (NIP) for five instances of failure to
obey a lawful written regulation, seven instances of failure to
go at the prescribed time to your appointed place of duty, and
insubordinate conduct toward a superior noncommissioned officer.
On 31 July 2010, you received NUP for disobeying a lawful order.
On 5 October 2010, you were notified of pending administrative
discharge processing with a general discharge due to a pattern of
misconduct. You waived all of your procedural rights, including
your right to an administrative discharge board (ADB). On
26 October 2010, you were discharged with a general
characterization of service, and an RE-4 (not recommended for
reenlistment) reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant change in your
reentry code given the seriousness of your misconduct. The Board
also believed that you were fortunate to receive a general
discharge since a discharge under other than honorable conditions
is often directed when a Sailor is separated for 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,
loo }
W. DEAN PFRI R
Executive r r
Enclosure
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