DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N OF NAVAL R E C O R D S
2 N A V Y A N N E X
WASHINGTON D C 20370-5100
FC
Docket No: 02001-03
8 August 2003
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 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 27 February 1997
at age 18. On 18 October 1997 you received nonjudicial
punishment (NJP) for failure to obey a lawful order by possessing
alcoholic beverages while underage, and failure to report to a
military training instructor. You were awarded forfeitures of
pay, restriction, extra duty, and a reduction to paygrade E-1.
On 8 December 1997 you were notified of administrative separation
processing and elected to retain all of your procedural rights.
On 12 January 1998 an administrative discharge board (ADB)
recommended separation with a characterization of service as
honorable. On 28 January 1998, the commanding officer concurred
with the ADB and recommended administrative separation by reason
of misconduct. On 29 January 1998 the separation authority
directed an honorable discharge and a reenlistment code of RE-4.
In its review of your case, the Board carefully weighed all
potentially mitigating factors such as your youth and
immaturity. However, the Board found that this factor was not
sufficient to warrant changing your reenlistment code given the
misconduct that resulted in the NJP and subsequent processing
for administrative separation. In this regard, an individual
separated for misconduct must receive an RE-4 reenlistment code.
Accordingly, 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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