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: BOARD FOR CORRECTION OF NAVAL RECORDS
1 7014 S$. COURTHOUSE ROAD, SUITE 1001
; - ARLINGTON, VA 22204-2490
SON
Docket No: 2692-14
23 December 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 gession, considered your
application on 9 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
£6 establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
12 May 2009. Based on the information currently contained in
your record, you received three nonjudicial punishments (NTPs)
and were counseled on more than one occasion regarding your
conduct and behavior. You were warned that further misconduct
could result in administrative discharge action after your first
WIP. Subsequently, administrative discharge action was initiated
by reason of misconduct due to a pattern of misconduct. You
elected to consult with legal counsel and subsequently requested
an administrative discharge board (ADB). The ADB found that you
had committed misconduct due to a pattern of misconduct, and
recommended you receive a general discharge. The separation
authority concurred and directed a general discharge by reason Of
misconduct. You were so discharged on 16 March 2012.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to change your RE-4 reentry code,
and post service accomplishments regarding your treatment for
alcoholism. Nevertheless, the Board concluded these factors were
not sufficient to warrant changing your reentry code given your
three NUJPs for disobedience. In this regard, an RE-4 reentry
code is required when a Sailor is discharged due to misconduct
;and is not recommended for retention. 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 an individual is discharged for misconduct.
Accordingly, your application has been denied.
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 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 naval record, the burden is on
the applicant to demonstrate the existence of probable material
error or injustice. :
Sincerely
ROBERT J. O'NEILE
Executive Director
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 April 2014. 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... The Board believed you were fortunate to receive a general discharge since Sailors who are...
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