DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 73-05
20 October 2005
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 19 October 2005. 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 30 January 2003. The
record reflects that you received two nonjudicial punishments. The
offenses included unauthorized absences totaling 68 days, failure to obey
a lawful order on two occasions, disorderly conduct and drunkenness,
making a false statement, and breaking restriction.
Although your record does not contain the separation processing documents,
it appears that the commanding officer recommended that you be separated
with a general discharge by reason of misconduct due to commission of a
serious offense and, after review by the discharge authority, the
recommendation for separation was approved. The record clearly shows that
on 18 November 2003 you received a general discharge by reason of
misconduct. At that time, you were assigned a reenlistment code of RE-4.
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. 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 your characterization of service or
reason for separation should be changed, since you did not ask for such
consideration and you have not exhausted your administrative remedy by
applying to the Naval Discharge Review Board (NDRB). You may apply to NDRB
by submitting the attached DD Form 293.
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
2
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