DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 01067-12
3 December 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 29 November 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
26 November 2003. The Board found that on 30 November 2004, you
were convicted by civil authorities of a felony charge of
attempting to elude a pursing police vehicle. On 27 January and
10 February 2005, you received nonjudicial punishment (NJP) for
wrongly and falsely altering your military identification card
and disobedience by operating a motor vehicle without a valid
driver's license. Subsequently, administrative discharge action
was initiated by reason of misconduct due to commission of a
serious offense. You waived your rights to consult counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB). Your case was forwarded recommending that
you be discharged under other than honorable (OTH) conditions by
reason of misconduct. On 24 February 2005, the separation
authority concurred and directed an OTH discharge by reason of
misconduct due to commission of a serious offense. You were so
discharged on 11 March 2005. At that time, you were assigned an
RE-4 reentry code and not recommended for reenlistment.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity. Nevertheless, the Board found that
these factors were not sufficient to warrant a change in your
reentry code given your two NJP’s and civil conviction of a
serious offense. The Board noted that you waived your right to
an ADB, your best chance for retention or a better
characterization of service. Finally, an RE-4 reentry code must
be assigned to all Sailors discharged due to 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,
QRAiioor Drogr
a's
B J. GEORGE
Head, Discharge Section
Enclosure
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