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NAVY | BCNR | CY2006 | 03157-07
Original file (03157-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 SJN
 Docket No: 03157-07
 4 December 2007


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- m ember panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 November 2007. 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 25 October 1999 at age 19. During the period from 2 February 2000 to S October 2003, you received four nonjudicial punishments (NJPs) for underage drinking, three periods of unauthorized absence totaling about seven days, disrespect, resisting arrest, drunk and disorderly conduct, and assault. On 24 October 2003, you were honorably released from active duty while serving in paygrade E-2. Based on the information currently contained in your record it appears that you were not recommended for reenlistment due to your record of misconduct or substandard performance. At that time, you were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed all potentially mitigating factors, such as your overall record of service and post service accomplishments. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code, given your disciplinary record of four NJP’s. 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

































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