DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 soN
Docket No: 06068-11
25 August 2011
a "
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 23 August 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, reguiations,
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
20 March 2007. The Board found that on 27 September and
29 October 2007, you received nonjudicial punishment (NUP) for
two instances of insubordinate conduct and unauthorized absence.
You received restriction, extra duty, and a reduction in
paygrade. 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 the general court-martial convening
authority. Your case was forwarded because of your continued
behavioral problems, overall poor performance, and failure to
respond to counseling and correctional guidance. You received a
general discharge by reason of misconduct on 20 November 2007.
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,
relatively short period of service, and post service progress
with anger management. Nevertheless, the Board found that these
factors were not sufficient to warrant changing your reentry code
given your two NUP’s in such a short period of time, and your
failure to respond to counseling and correctional guidance.
Further, 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.
The Board did not consider whether to upgrade your discharge or
change the reason for separation because you did not request such
action, and you have not exhausted your administrative remedy of
applying to the Naval Discharge Review Board (NDRB). You may
apply to NDRB by submitting the attached DD Form 293.
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 SF
Executive D
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