DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 06216-11
22 March 2012
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 21 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 3
January 2001. You served more than six years of honorable
service. On 29 June 2007, you received nonjudicial punishment
(NJP) for failure to obey a lawful order, being absent from your
appointed place of duty, and being in an unauthorized absence
(UA) status for five days. On 29 June 2007, you were notified
that administrative discharge procedures were initiated and that
you would receive a general discharge due to misconduct (serious
offense) upon your separation. The discharge authority directed
a general discharge. You were so discharged on 13 July 2007.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
record of service. However, the Board found that these factors
were not sufficient to warrant any change in your character of
service, given your record of NUP for misconduct (serious
offense). The Board also noted that you were fortunate to
receive a general discharge since a separation under other than
honorable conditions is often directed when an individual is
Found to have committed 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,
Lode )
W. DEAN
Executive e
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