DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 6051-05
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 5 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 June 1999. The
record reflects that on 25 June 2002 you were convicted by civil
authorities of an unknown offense. The court sentenced you to a fine and
court costs; and confinement for 30 days, which was suspended; and you
were placed on probation for a year. On 20 November 2003 you received
nonjudicial punishment for failure to obey a lawful order and adultery.
On 22 November 2003 the commanding officer recommended that you be
separated with a general discharge by reason of misconduct due to
commission of a serious offense. 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 23 December 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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