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NAVY | BCNR | CY2006 | 01170-06
Original file (01170-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
 WASHINGTON DC 20370~51 00      



         CRS
 Docket No: 1170-06
19 September 2006







This is in reference to your application for reconsideration 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 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.
The Board found that you enlisted in the Navy on 24 January 1996. The record reflects that you received two nonjudicial punishments. The offenses included carnal knowledge of a 15 year old girl and insubordination.
On 10 March 1998 your 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 the 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 13 March 1998 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. The Board noted your success in the Army National Guard for more than seven years, but believed that it was not sufficient mitigation to overcome the seriousness of your
 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.
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 Di rector

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