DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 365-11
8 November 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 2 November 2011. The names and votes of the
members of the panel will be furnished upon request. 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 on 12 November 1997 and immediately
began a period of active duty. It appears that you served
without disciplinary incident until 22 October 2011, when you
were convicted by summary court-martial (SCM) of failure to obey’
a lawful order, two specifications of using provoking speech, and
other unspecified offenses. You were sentenced to forfeiture of
two-thirds of your pay, reduction to paygrade E-5, and
restriction for 14 days.
Subsequently, you were processed for an administrative separation
action by reason of misconduct due to commission of a serious
offense. At that time you were not recommended for retention or
reenlistment. The discharge authority directed your commanding
officer to issue you a general discharge by reason of misconduct,
and on 10 November 2010, you were so discharged and assigned an
RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
seriousness of your misconduct which resulted in a SCM and
nonrecommendation for reenlistment. Further, an RE-4
reenlistment code is authorized when a Sailor is discharged by
reason of misconduct. Accordingly, your application has been
denied.
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 Boards, Attention: Naval Discharge Review
Board, 720 Kennon Street, S. E., Room 309, Washington Navy Yard,
Washington, DC 20374-5023 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,
\w Dean
W. DEAN satel
t
Executive Dir
Enclosure
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