DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 8412-13
26 February 2014
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 February 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
17 December 2007 at age 20. You received nonjudicial punishment
(NUP) on three occasions for two instances of failure to obey a-
lawful order and drunken operation of a vehicle. © On 10 March
2009, you were notified of pending administrative discharge
processing with a general discharge due to a pattern of —
misconduct. You waived your right to consult with : a qualified
counsel and submit a written statement. On 25 March 2009, you
-wére discharged with a general characterization of service, and
an RE-4 (not recommended. for reenlistment) SEGRErY code.
The Board, in its: review of your application, . carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the ‘Board found that
these factors were not sufficient to warrant a change in your
characterization. or reentry code given the seriousness of your
misconduct. The Board also believed that you were fortunate to
receive a general discharge since a discharge under other than
honorable conditions is often directed when a “Sailor is
separated for misconduct. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
Tt 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 recard, the burden is on the applicant to demonstrate the
existence ,df*probable material error or injustice.
wo . x ‘ :
Sincerely, 7 3
ROBERT D. ZSALMAN
Acting ‘Executive Director
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