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NAVY | BCNR | CY2005 | 07575-05
Original file (07575-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 TRG
Docket No: 7575-05
22 September 2006







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 September 2006. 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.
You enlisted in the Navy on 28 August 2003 at. age 22. You completed initial training and on 14 December 2003, you reported to your first duty station. In August 2004 you received nonjudicial punisliment (NJP) for disobedience, disrespect, use of provoking words and absence from your appointed place of duty. The punishment imposed included a reduction in rate and forfeitures of pay. Following the NJP you were counseled and warned that further misconduct could lead to discharge processing and a discharge under other than honorable conditions.
On 21 September 2004, you received NJP for assault, disobedience and absence from your appointed place of duty and received restriction and extra duty.
Although the documentation to support discharge processing is not tiled in your record, it is clear that based on the foregoing disciplinary record you were processed for an administrative discharge by reason of misconduct. The Board presumed that in connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board. On 30 November 2004 you received a general discharge by reason of misconduct. At that time, you were not recommended for reenlistment and were assigned an RE-4 reenlistment code.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your short period of service and desire to again serve in the military. The Board found that these factors were not sufficient to warrant recharacterization of your discharge because of your record of misconduct. Since a discharge under other than honorable conditions was authorized you were fortunate to have received a general discharge. The Board concluded that the discharge was proper as issued and no change is warranted.
Regulations require the assignment of an RE-4 reenlistment code when an individual is discharged by reason of misconduct. Since you have been treated no differently than others in your situation, the Board concluded that a change in the reenlistment code is not warranted.
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,






W.       DEAN PFEIFFER
 Executive Director














2

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