DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
704 8. COURTHOUSE ROAD, SUITE 1007
ARLINGTON, VA 22204-2490
SJN
Docket No: 03669-11
1 February 2012
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 31 January 2012... 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 2004. The Board found that on 28 April 2005, you
received nonjudicial punishment (NJP) for underage drinking. On
10 May 2005, you were the subject of a mental health evaluation
that determined you had manifested a disorder of character,
behavior and adaptability that was of such severity as to
preclude adequate military service. Although you were not a
risk for suicide or homicide, there was an ongoing risk that you
could have caused danger to yourself or others. You were
diagnosed with an adjustment disorder and a personality
disorder. On 20 June 2005, administrative discharge action was
initiated by reason of misconduct. You waived your rights to
consult counsel, submit a statement or have your case reviewed
by high authority. On 23 June 2005, you received a second NJP
for two instances of disobedience by possessing alcohol in the
enlisted barracks, and once again drinking underage.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to a pattern of misconduct. You waived
your rights to consult counsel, submit a statement or have your
case reviewed by higher authority. On 8 September 2005, you
received a general discharge by reason of misconduct. At that
time you were assigned an RE-4 reentry 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 RE-4 reentry code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant such a change of your RE-4 reentry code
given your two NUJP's, one of which you received after you were
notified that you were being administratively separated. In
this regard, you were assigned the appropriate reentry code
based on your circumstances... Accordingly, your application has
been denied.
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,
Wend
W. DEAN PRAI
Executive xr or
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