DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 00459-12
25 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 24 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 1 July 2008, at age 18. On 1 July
2008, you signed and acknowledged the Navy's drug and alcohol
policy. On 1 April 2010, you received nonjudicial punishment
(NJP) for being in an unauthorized absence (UA) statue for less
than 24 hours, wrongfully using spice, failure to obey a lawful
general regulation by wrongfully consuming alcohol while under
age on three occasions, and being incapacitated for the proper
performance of your duties. On 15 April 2010, you were advised
that your commanding officer was recommending you for
administrative separation with a general discharge due to
misconduct. You requested to have your case heard by an
administrative discharge board (ADB). On 20 May 2010, an ADB
was conducted and by a vote of two to one recommended that you
receive a general characterization discharge due to misconduct
(commission of a serious offense). On 15 June 2010, your
commanding officer agreed with the ADB and forwarded his
recommendation that you receive a general discharge. The
discharge authority directed a general discharge by reason of
misconduct (commission of a serious offense). On 7 June 2010,
you were so discharged. At that time you were assigned an RE-4
reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct,
and overall record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing the
reentry code, given your record of one NUP 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 your discharge should be
upgraded due to the fact that since it is less than 15 years
old, you must first apply to the Navy Discharge Review Board
(NDRB). Enclosed is a DD Form 293 you must use to apply to the
NDRB.
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,
RRS. fo
ROBERT D ZSALMAN
Acting Executive Director
Enclosure
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