DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 01687-12
6 December 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 5 December 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 22
December 1997, at age 18. On 26 August 1998, you received
nonjudicial punishment (NJP) for being in an unauthorized
absence (UA) status for 26 days. On 27 August 1998, you were
arrested by civilian authorities for driving under the influence
of alcohol. On 8 September 1998, you were notified that
administrative discharge procedures were initiated and that you
would receive an other than honorable (OTH) discharge due to
misconduct. On 17 September 1998, your commanding officer
forwarded his recommendation that you receive an OTH discharge
by reason of misconduct. The discharge authority directed an
OTH discharge. You were so discharged on 2 October 1998, and
assigned an RE-4 (not recommended for retention) reentry code.
On 27 December 1999, the Naval Discharge Review Board upgraded
your characterization of service to general under honorable
conditions.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service. However, the Board found that these
factors were not sufficient to warrant any further change in
your characterization of service, separation code or reentry
code, given your record of an NUP, civil involvement for
misconduct and non-recommendation for retention. The Board also
noted that you were fortunate that the Naval Discharge Review
Board upgrade your OTH to a general discharge. 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,
Executive Dil
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