DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 05640-11
1 March 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 29 February 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 on 6 June 2009, at age 20. On 15
December 2010, you received nonjudicial punishment (NJP) for
failure to obey a lawful order by wrongfully giving alcohol to
minors. On 19 January 2011, you were notified that
administrative discharge procedures were initiated and that you
would receive a general discharge due to misconduct. The
discharge authority directed a general discharge. You were so
discharged on 19 February 2011. At that time, you were assigned
an RE-4 reentry 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 concluded
these factors were not sufficient to warrant a change in the
characterization of service, given your record of one NJP. In
this regard, an RE-4 reentry code is required when an individual
has committed misconduct and not recommended for retention. The
Board believed you were fortunate to have received a general
discharge, since normally, when an individual has committed
misconduct, he will be separated and assigned an other than
honorable characterization of service. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
Since your discharge is less than 15 years old, you may apply
the Naval Discharge Review Board (NDRB) for a possible upgrade.
I have enclosed a copy of NDRB’s application for your
convenience.
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,
\p Neoek FRY F
Executive D
Enclosure
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