DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 02355-12
27 February 2013
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 14 February 2013. 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 entered active duty in the Navy on 11 August 2008, and served
without disciplinary incident until 27 September 2011, when you
received nonjudicial punishment for failing to obey a lawful
order by engaging in underage drinking. You were recommended for
separation with a general discharge due to misconduct (commission
of a serious offense (COSO)). The separation authority approved
the recommendation, and on 30 January 2012, you were separated
with a general discharge due to misconduct (COSO) and an RE-4
(not recommended for retention) reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and claim that you were separated due to your
pregnancy. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change to your reentry code due to
your COSO. Finally, your claim that you were separated due to
your pregnancy was unsubstantiated. 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,
Laer
W. DEAN PFE
Executive Di
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