DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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 28 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 4 period of active duty on
16 February 2006 at age 19. You received nonjudicial punishment
(NJP) on two occasions for jnsubordinate conduct toward a
superior petty officer, failure to obey a lawful order and
theft. After your first NJP, you were counseled regarding your
misconduct and warned that further offenses could result in
administrative separation. you were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct (commission of a serious
offense). You waived all of your procedural rights, including
your right to an administrative discharge board (ADB). On
14 September 2007, you received the OTH discharge for misconduct
(commission of a serious offense), and were assigned a RE-4
reenlistment code.
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 changing your
reenlistment code given the seriousness of your misconduct that
resulted in two NgPs. The Board noted that you waived the right
to an ADB, your best chance for retention or a better
characterization of service. Finally, an RE-4 reenlistment 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 also noted that you are entitled to submit the
attached Application for the Review of Discharge or Dismissal
from the Armed Forces of the United States (DD Form 293) to the
Naval Council of Personnel Review Boards, Attention: Naval
Discharge Review Board, 720 Kennon Street, SE, Room 309,
Washington Navy Yard, Washington, pc 20375-5023, rox
consideration of an upgrade of your discharge and a change in
your narrative reason for discharge.
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,
LS Hoong? }
W. DEAN P
Executive Director
Enclosure
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