DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4064-11
24 January 2012°
wees a " eee
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 19 January 2012. 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 and began a period of active duty on
12 dune 2006 at age 20. Based on the information currently
contained in your record it: appears that you were subsequently
involuntarily processed for administrative separation by reason
of misconduct. In connection with this processing, you would
have acknowledged the separation action and the separation .
authority would have approved a recommendation for separation.
The record clearly shows that on 16 March 2007, you were.
discharged with a general characterization of service by reason
of misconduct (serious offense). At that time you were assigned
an RE-4 reenlistment code, which means that you are neither
recommended nor eligible for reenlistment.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant ‘
recharacterization of your discharge or changing your
reenlistment code given your misconduct. The Board also believed
that you were fortunate to receive a general discharge since a
discharge under other than honorable conditions is often directed
when a Sailor is separated 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,
; -W. DEAN PF =
Executive Dre xr
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