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NAVY | BCNR | CY2006 | 11060-06
Original file (11060-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
                                                                                          Docket No: 11060-06
                                                                                          25 October 2007


This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 24 October 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 30 December 1999 at age 17 and served without disciplinary incident until 2 February 2002, when you received nonjudicial punishment (NJP) for two periods of absence from your appointed place of duty and two specifications of disobedience. The punishment imposed was a $1,240 forfeiture of pay, restriction and extra duty for 30 days, and reduction to paygrade E—2.
Your record contains a performance evaluation for the period from 16 July 2001 to 14 March 2002 in which you received an individual trait average of 1.50. The reporting senior stated, in part, as follows:
This evaluation is submitted upon the administrative discharge of (Member)..., he is immature, does not respect his peers or superiors..., despite exhausting attempts to rehabilitate him, including confinement in correctional custody unit, bearings class, and onboard counselling, his performance continues to decline..., he is a threat to his
shipmates and detracts from the combat and mission readiness of this command,.., he is a hazard to himself and shipmates with no potential for further military service..., retention not recommended.
Subsequently, you were processed for an administrative separation by reason of misconduct. The discharge authority directed separation under other than honorable conditions, and on 4 April 2002 you were so discharged. At that time you were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, period of satisfactory service, and assertion that because of your reenlistment code you are unable to reenlist. Nevertheless, the Board concluded these factors were not sufficient to warrant a change of your reenlistment code because of your misconduct. An RE-4 reenlistment code is required when a Sailor is discharged by reason of misconduct. Finally, a Sailor discharged for this reason would normally receive a discharge under other than honorable conditions, and you were fortunate to have received a general discharge. 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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