DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 12281-12
12 July 2013
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, reconsidered your
application on 10 July 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, and your prior case file.
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
13 August 2007 at age 18. On 16 June 2010, you were convicted
by special court-martial (SPCM) of four instances of assault.
On 3 November 2010, you were notified of pending administrative
discharge processing with an other than honorable (OTH)
discharge due to misconduct. You waived all of your procedural
rights, including your right to an administrative discharge
board (ADB). On 4 February 2011, you received the OTH discharge
for misconduct and were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change in your
reenlistment code given the seriousness of your misconduct and
nonrecommendation for retention by your commanding officer. The
Board noted that you waived the right to an ADB, your best
chance for retention or a better characterization of service.
Accordingly, your application has again 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 (NDRB), 720 Kennon Street, SE, Room 309,
Washington Navy Yard, Washington, DC 20375-5023, £Eoxr
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,
by. Wann’ )
W. DEAN PFHIFF
Executive eatar
Enclosure
NAVY | BCNR | CY2012 | 05686 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 March 2013. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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.
NAVY | BCNR | CY2010 | 00329-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 September 2010. 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. The Board found that you reenlisted in the Navy on 7 September 1990, after more than nine years of honorable service.
NAVY | BCNR | CY2012 | 05217 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2013. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2009 | 12908-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 August 2010. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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.
NAVY | BCNR | CY2009 | 12640-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 August 2010. You waived all of your procedural rights, including your right to an administrative discharge board (ADB). 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.
NAVY | BCNR | CY2013 | NR860 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 October 2013. On 20 July 1984, you received an OTH characterization of service discharge due to misconduct, and were assigned an RE-4 (not recommended for retention) reenlistment code. 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.
NAVY | BCNR | CY2010 | 01799-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 November 2010. 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...
NAVY | BCNR | CY2009 | 10430-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 June 2010. On 19 December 1984, you received an OTH discharge due. 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.
NAVY | BCNR | CY2012 | 02320-12
BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 February 2013. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2010 | 00345-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 September 2010. 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. The Board found that you reenlisted in the Navy on 19 March 1984, after more than three years of honorable service.