DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CR8
Docket No: 7989-05
17 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 13
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 reenlisted in the Navy on 26 April 2000
after four years of prior active service. The record reflects that on
28 August 2002 you received nonjudicial punishment for three periods
of unauthorized absence, missing movement and failure to obey a
lawful order on two occasions. It appears that you received a second
disciplinary action but it is not contained in the record.
Although your record does not contain the separation processing
documents, it appears that the commanding officer recommended that
you be separated with an other than honorable discharge by reason of
misconduct due to a pattern of misconduct and, after review by the
discharge authority, the recommendation for separation was approved.
The record clearly shows that on 25 April 2003 you received an other
than honorable 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,
w.
Enclosure
2
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