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NAVY | BCNR | CY2007 | 00193-07
Original file (00193-07.pdf) Auto-classification: Denied
* DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SJN
Docket No: 00193-07
20 July 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-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 July 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 11 September 2006 at age 18. On
12 October 2006 you received nonjudicial punishment (NUP) for
dereliction of duty by being out of your bunk after taps, and

hazing.

On 17 October 2006 your commanding officer (CO) initiated
administrative separation action and subsequently, on 16 November
2006 you were discharged with an entry-level separation. At that
time, you were assigned a reenlistment code of RE-4.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth.
Nevertheless, the Board found that these factors were not
sufficient to warrant a change in your reenlistment code because
of the seriousness of the offense. Further, an RE-4 reenlistment
code must be assigned to all individuals separated for
misconduct, or those discharged during recruit training for
unsatisfactory performance and conduct. 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 the reason for separation
should be changed since you did not request such action 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,

Ld)

W. DEAN PFRIF
Executive oO

Enclosure

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