DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 N A V Y A N N E X
W A S H I N G T O N D C 20370-5100
FC
Docket No: 05774-03
27 October 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 22 October 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 20 March 2000
at age 21. You served without incident until 14 February 2001,
when you received nonjudicial punishment (NJP) for a 20-day
period of unauthorized absence, and were awarded restriction and
extra duty.
On 20 February 2001 you requested a discharge by reason of
convenience of the government due to your being a surviving
family member. On 22 February 2001 the officer in charge
forwarded your request recommending approval. On that same day,
the separation authority approved your request; you received a
general discharge, and were assigned a reenlistment code of RE-
4.
On the day of your discharge, you received a separation
evaluation with an overall trait average of 2.67 and marginal
marks of 2.0 in the marking categories of military
bearing/character and personal job accomplishment. Furthermore,
you were not recommended for retention.
In its review of your case, the Board carefully weighed all
potentially mitigating factors such as your desire to serve
again. However, because of the 20-day period of unauthorized
absence that led to an NJP, and especially the non-
recommendation for retention on the evaluation, the Board
concluded that that the RE-4 reenlistment code was properly and
appropriately assigned. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
The Board did not consider whether the characterization of
service or reason for separation should be changed since you did
not request such action and you have not exhausted your
administrative remedies by applying to the Naval Discharge and
Review Board (NDRB). Enclosed is a DD Form 293 that you may use
to apply to the NDRB.
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,
Enclosure
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