DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 00299-12
27 September 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 26 September 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 21
January 1999, at age 21. You served honorably for more than
four years. On 11 June 2003, you received nonjudicial
punishment (NJP) for being absent from your appointed place of
duty on two occasions. On 17 June 2003, you received NJP for
failure to obey a lawful order, and failure to go to your
appointed place of duty. On 24 June 2003, you were notified
that administrative discharge procedures were initiated and that
you would receive a general discharge due to misconduct upon
your separation. The discharge authority directed a general
discharge. You were so discharged on 7 November 2003.
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 removing either of your NJP’s.
The Board further found that your command had authority to award
NJP, and that they are both procedurally correct. 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,
Qeontbe
W. DEAN P iL
Executive \Director
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