DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 598-11
28 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 26 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 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
24 September 2008 at age 19. On 25 November 2008, you received
nonjudicial punishment (NJP) for assault by punching another
recruit in the chest with closed fists. You were notified of
pending administrative discharge processing with an entry level
separation due to misconduct. You waived all of your procedural
rights including your right to consult counsel, and submit a
written statement. On 10 December 2008, you received the entry
level separation for misconduct (serious offense), and were ~
assigned an RE-4 reenlistment 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 changing your
characterization and narrative reason given the seriousness of
your misconduct. The Board noted that you were notified of your
separation processing within 180 days of the beginning of your
period of active service. Applicable regulations authorized an
uncharacterized entry level separation if the processing of an
individual’s separation begins within 180 days of the entry on
active duty. 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,
W. eR
Executive rector
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