DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 2966-14
13 November 2014
Dear Ia,
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
4 November 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
2 July 2008. On 12 October 2012 and 1 February 2013, you
received nonjudicial punishment (NJP) for dereliction of duty and
unauthorized absence. Subsequently, administrative discharge
action was initiated by reason of misconduct due to commission of
a serious offense. After being afforded all of your procedural
rights, your commanding officer directed that you received a
general discharge by reason of misconduct. You were so
discharged on 4 April 2013. At that time, you were assigned and
RE-4 reentry code.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to upgrade your discharge.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge or
changing your reentry code given your two NJPs. In this regard,
an RE-4 reentry code must be assigned to all Sailors discharged
due to misconduct. 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
OBERT J. O’NEILL
Executive Director
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