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NAVY | BCNR | CY2003 | 00324-03
Original file (00324-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE  N  VY t 

BOARD FOR  CORRECTION  OF  NAVAL  RECORDS 

2  NAVYANNEX 

WASHINGTON  DC  20370-5100 

CRS 
Docket No:  324-03 
18 August 2003 

This is in reference to your application for correction of your 
naval re'cord 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 30 July 2003.  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 that the evidence submitted was 
insufficient to establish the existence of probable material 
error or injustice. 

The Board found that you enlisted in the Navy on 17 December 
2001.  The record reflects that you received nonjudicial 
punishment  (NJP) on 27 March 2002 for making a false official 
statement.  In an Administrative Caunseling/~arning (page % Z )   of 
that same date, you were advised that you were being retained in 
the service, but warned that further misconduct would result in 
administrative separation.  However, on 6 June 2002 you received 
NJP for a 29 day period of unauthorized absence, from 28 March to 
26 April 2002. 

On 11 July 2002 the commanding officer recommended that you be 
separated with a general discharge by  reason of misconduct due to 
a pattern of mi'sconduct.  When informed of this recommendation, 
you elected to waive the right to submit a statement in response 
to the discharge action.  After review by  the discharge 
authority, the recommendation for separation was approved and on 
24 July 2002 you received a general discharge by  reason of 
misconduct.  At that time, you were assigned a reenlistment code 
of RE-4. 

An advisory opinion from the Navy Personnel Command dated 26 
March 2003, stated that your claim of forged signatures on the 27 
March 2002 page 13 counseling and warning entry could not be 
confirmed.  Further, the opinion noted $hat  even if the 
signatures were forged, you could have still been discharged by 
reason of commission of a serious offense, due to the false 
official statement which does not require a page 13 entry. 

C 

In its review of your application the Board carefully weighed all 
potentially mitigating factors, such as your youth and immaturity 
and all of the contentions you made in the attachment to your 
application and the rebuttal to the advisory opinion.  However, 
the Board concluded that these factors and contentions were not 
sufficient to warrant reinstatement or recharacterization of your 
discharge, given your disciplinary actions. 

Applicable regulations require the assignment of an RE-4 
reenlistment code when an individual is discharged due to 
misconduct.  Since you have been treated no differently than 
others in your situation, the Board could not find an error or 
injustice in the assignment of your reenlistment code. 

~ccordingly, your application has been denied.  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, 



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