DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 307-11
13 October 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 12 October 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 and entered active duty on 24 July
2007. You received nonjudicial punishment for resisting
apprehension, operating a vehicle while intoxicated, disorderly
conduct, and incapacitation for the proper performance of your
duties (.13 blood alcohol content). You were then notified
that your commanding officer was administratively separating
you due to misconduct (commission of a serious offense (COSO)).
On 23 March 2010, you received a general characterization of
service discharge while serving in pay grade E-2 due to
misconduct (COSO), and were assigned an RE-4 (not recommended
for retention) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire to serve in the armed forces. However, the
Board concluded that your reentry code should not be changed
due to your misconduct and non-recommendation for retention.
The Board noted that you were fortunate to receive a general
characterization of service since Sailors who have committed
misconduct such as yours are normally discharged under other
than honorable conditions. In view of the above, 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,
Le Don
W. DEAN PF 5
Executive Diyrettor
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