DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 05793-11
22 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 20 March 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
9 July 2003. The Board found that on 1 April 2004, you were
counseled concerning being absent from your unit. You were
warned that further misconduct could result in administrative
discharge action. On 27 July and 8 November 2004, you received
nonjudicial punishment (NJP) for disobedience, insubordinate
conduct toward a petty officer, and absence from your unit.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to a pattern of misconduct. On
12 December 2004, it was directed that you be separated from the
service with a general discharge due to misconduct. You were so
discharged on 17 December 2004. At that time, you were assigned
an RE-4 reentry code and not recommended for reenlistment.
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 your reentry code given
your two NJP’s and the fact that you were warned of the
consequences of further misconduct. Finally, an RE-4 reentry
code must be assigned to all Sailors discharged due to
misconduct. Finally, the Board 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,
\
ew |
. DEAN PFEIRFE
Executive Diktct\o
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