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NAVY | BCNR | CY2006 | 07631-06
Original file (07631-06.rtf) Auto-classification: Denied
                  DEPARTMENT OF THE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX
          WASHINGTON DC 20370-5100         SJN
 Docket No: 07631-06
          28       February 2007









This is in reference to your application for correction of your naval reco r d pursuant to the provisions of Title 10 of the United States Cod e section 1552.
A three-memb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 February 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 15 November 2001 at age 18. You served without incident for over three years until 25 March 2005, when you received nonjudicial punishment (NJP) for two periods of unauthorized absence (UA), insubordination, and making a false official statement.
During the period from 1 August to 29 September 2005 you were UA on two occasions totaling about 44 days. After the last period of UA, you surrendered via telephone on 30 September 2005. You were placed on leave to attend a civil court hearing that was held on 4 October 2005. You were convicted of assaulting an officer, resisting arrest, and domestic assault against your spouse and child.
On 7 October 2005 you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct. You waived your right to consult with counsel, submit a statement or have your case heard by an administrative discharge board (ADB).
 On 17 October 2005, the separating authority directed that you be discharged under other than honorable conditions by reason of misconduct. On 21 October 2005 you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, family issues, and time in service. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge or a change of your reenlistment code given your record of NJP and conviction by civil authorities for serious offenses. Further, you waived the right to an ADB, your best chance for retention or a better characterization of service. Finally, an RE-4 reenlistment code must be assigned when and individual is discharged for misconduct. 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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