DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
REC
Docket No: 00310-12
15 October 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 3 October 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 14 August 2006, at age 20. On 16
October 2007, you received nonjudicial punishment (NUP) for
misbehavior as a sentinel (sleeping on watch). On 6 December
2007, you received NJP for assault. On 7 January 2008, you
received NUP for being in an unauthorized absence (UA) status.
On 5 February 2008, you received NJP for wrongfully using
provoking gestures. On 5 February 2008, administrative
separation action was initiated by reason of misconduct (minor
infractions). You waived your rights to consult counsel, submit
a statement or have your case heard by an administrative
discharge board (ADB). On 6 February 2008, your commanding
officer forwarded his recommendation that you be discharged
under other than honorable conditions (OTH) by reason of
misconduct (minor infractions). The discharge authority
directed an OTH discharge by reason of misconduct (minor
infractions). On 7 April 2008, you received your OTH
characterization of service due to misconduct (minor
infractions) .
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 found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of four NUJP’s for
misconduct. The Board noted that you waived your right to an
ADB, your best opportunity for retention or a more favorable
characterization of service. 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,
TBS 5 Aare
For w. DEAN PFEIFFER
Executive Director
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