DEPARTMENT OF THE NAVY
POARD FOR COPRECTION OF NAVAL RECORD
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 0230-14
11 December 2014
peer ay.
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 2 December 2014. The names and votes of the
members of the panel will be furnished upon request. 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
18 July 2005. Based on the information currently contained in
your record, you received three nonjudicial punishemnts (NJPs)
for two periods of unauthorized absence, missing ship’s movement,
insubordinate conduct, and disobedience. Additionally, you were
counseled regarding your conduct, and warned that further
misconduct could result in administrative discharge action after
your first NIP. Subsequently, administrative discharge action
was initiated by reason of misconduct due to a pattern of
misconduct. You waived your rights to consult counsel, submit a
statement, or have your case heard by an administrative discharge
board (ADB). Your case was forwarded recommending that you
received a general discharge by reason of misconduct. The
separation authority concurred and directed a general discharge
by reason of misconduct. You were so discharged on 9 July 2010.
At that time, you were assigned an RE-4 (not recommended for
reenlistment) reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, changing the reason for your discharge
and reentry code, and being reinstated to paygrade E-4.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge,
changing the reason for your discharge or reentry code, or
reinstating you to paygrade E-4 given your three NUPs. In this
regard, an RE-4 reentry code is required when a Sailor is
discharged due to misconduct and is not recommended for
reenlistment. The Board noted that you waived the right to an
ADB, your best chance for retention or a better characterization
of service. Finally, the Board also noted that you were
fortunate to receive a general discharge since a discharge under
other than honorable conditions is often directed when and
individual is discharged for misconduct. Accordingly, your
application has been denied.
It is regrettable 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 within one year from the date of the Board's
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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 record, the burden is on
the applicant to demonstrate the existence of material error or
injustice.
Singexyely
ROBERT J. O'NEILL
Executive Director
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