DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
SON
Docket No: 01034-11
9 November 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 8 November 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 August 2000. The Board found that on 10 March 2004, you were
convicted by civil authorities of wrongfully taking items from an
agreed area without declaration, failing to obey and endangering
and Icelandic police officer, and driving without a proper
license. On 24 October 2004, you received nonjudicial punishment
(NUP) for unauthorized absence. you received a reduction in
paygrade and a forfeiture of pay. On 16 November 2004, your .
request for an Xearly out” was approved and it was directed to
discharge you due to “reduction in force”. However, on 2
December 2004, you committed your second customs violation by
attempting to smuggle a number of items. When told to pull into
the designated customs area for inspection of your vehicle, you
immediately accelerated your vehicle nearly hitting personnel .
Subsequently, administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). Your
case was forwarded stating, in part, that in light of your
multiple customs violations and NJP, you had become an
administrative and disciplinary burden and had failed at being an
ambassador for the Navy. You received a general discharge on
1. June 2005.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant changing the characterization of
your discharge given your NgP and civil conviction for serious
offenses. The Board noted that you waived the right to an ADB,
your best chance for retention or a better characterization of
service. Finally, the Board also noted that you were fortunate
to receive a general discharge since a discharge under other than
honorable conditions is often directed when an individual is
discharged for misconduct. 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,
Woah
W. DEAN PFE
Executive Di
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