DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100

TJR
Docket No: 5669-07
9 April 2008

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 8 April 2008. 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 on 31 July 2002 at age 19 and served for a year and three months without disciplinary incident. However, on 30 October 2003, you received nonjudicjal punishment (NJP) for failure to go to your appointed place of duty and dereliction of duty. The punishment imposed was extra duty for 30 days and a suspended reduction in rate and forfeitures of pay. At that time you were counselled and warned that further misconduct could result in administrative separation. About three months later, on 5 January 2004, you received NJP for failure to go to your appointed place of duty and were awarded correctional custody for 29 days. Again you were counselled regarding deficiencies in your performance and conduct.

Subsequently, you were processed for an administrative separation by reason of misconduct due to a pattern of misconduct as evidenced by two NJPs and repeated counselling. The discharge authority directed separation under honorable conditions, and on 10 November 2004 you were so discharged and were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assertion that the circumstances surrounding your separation did not warrant an RE-4 reenlistment code. Nevertheless, the Board concluded these factors were not sufficient to warrant a change of the reenlistment code because of the seriousness of your repetitive misconduct. Further, an RE-4 reenlistment is required when a Sailor is discharged by reason of misconduct. Accordingly, your application has been denied.

Be advised that Sailors discharged by reason of misconduct normally receive discharges under other than honorable conditions, and that the Board believed you were fortunate to receive a general discharge. Nonetheless, you are entitled to submit the attached Application for the Review of Discharge or Dismissal from the Armed Forces of the United States (DD Form 293) to the Naval Council of Personnel Boards, attention: Naval Discharge Review Board, 720 Kennon Street, S. E., Room 309, Washington Navy Yard, Washington, DC 20374-5023 for consideration of an upgrade of your discharge and a change in your narrative reason for discharge.

The names and votes of the members of the panel will be furnished upon request.

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 PFEIFFER
 					  Executive Director