DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
TAL
Docket No: 4351-13
16 April 2014
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 9 April 2014. 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
15 March 2004 at age 32. You received nonjudicial punishment
_(NJP) on two occasions for drunken or reckless operation of a
vehicle. You were notified of pending administrative discharge
processing with an other than honorable (OTH) discharge due to
misconduct. After consulting with legal counsel, you elected to
present your case to an administrative discharge board (ADB).
On 2 December 2011, the ADB found that you committed misconduct,
_ recommended that you be separated with an OTH discharge and that
| —____ ---_your_separation_be—suspended_for_twelve_months.—_On 16 December
2011, you were convicted in civil court of driving under the
influence of alcohol. You were sentenced to pay a fine of
$762.00, 240 hours of community service and to attend substance
abuse treatment. At this time, you were no longer qualified for
submarine service. On 28 March 2012, your commanding officer
disagreed with the recommendation of the ADB and forwarded his
recommendation that you be discharged with a general
characterization. On 3 April 2012, you were discharged with a
general characterization of service by reason of misconduct
(commission of a serious offense). At that time you were
_assigned an RE-4 reentry code, which means that you were neither
recomméfhded nor eligible for reenlistment. —~
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant changing your reentry code given
the seriousness of your misconduct that resulted in two NUPs, a
‘civil conviction and that you were no longer qualified for
submarine service... Finally, an RE-4 reentry code must be
assigned to all Sailors discharged due to misconduct. The Board
believed you were fortunate to receive a general discharge since
Sailors who are separated for misconduct often receive other
than honorable characterizations of service. 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 your characterization of
service or reason for separation should be changed. 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, SH Room 309, Washington Navy Yard, Washington, DC
20375-5023, for 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,
TR tS,
ROBERT BD. Z2SALMAN
Acting Executive Director
il
Enclosure
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