DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 794-13
24 October 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, considered your
application on 17 October 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 enlisted in the Navy and began a period of active duty on
1 February 2006 at age 18. On 10 February 2011, you received
nonjudicial punishment (NJP) for drunken and reckless operation
of a vehicle. On 17 February 2011, administrative discharge
action was then initiated to separate you by reason of
misconduct with a general characterization of service. You
waived your rights to consult counsel or submit a statement.
On 22 March 2011 you were discharged with a general
characterization of service due to misconduct. At that time,
you 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 and
desire to change your reenlistment code. Nevertheless, the
Board found that these factors were not sufficient to warrant
changing your reenlistment code given the seriousness of your
misconduct. 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 noted that you have not applied to the Naval Discharge
Review Board (NDRB) for a possible upgrade of your discharge and
change of your narrative reason for separation. lI have enclosed
a copy of NDRB’s application for your convenience.
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,
W. DEAN sae
Executive Director
Enclosure
Co to:
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A - three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on. 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 error or injustice.
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