DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 663-07
24 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 24 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.
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
three nonjudicial punishments (NJP's). Based on the information
currently contained in your record it appears that your
commanding officer (CO) subsequently initiated administrative
separation by reason of misconduct due to a pattern of
misconduct, and recommended a general discharge. In connection
with this processing, you would have acknowledged the separation
action and been afforded an opportunity to consult counsel and
submit a statement in response to the separation action.
Apparently, the separation authority approved the discharge
recommendation and directed a general discharge by reason of
misconduct due to a pattern of misconduct. On 8 December 2004
you acknowledged that you were not recommended for reenlistment
due to misconduct. The record shows that on 14 December 2004 you
were separated with a general discharge by reason of misconduct
due to a pattern of misconduct. At that time you were assigned
an RE-4 reenlistment code, which means that you are neither
recommended nor eligible for reenlistment.
Regulations direct the assignment of an RE-4 reenlistment code
when an individual is discharged by reason of misconduct. Given
your three NJP's, and 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 the RE-4 reenlistment code.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
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,
Lapis
W. DEAN PF
Executive Di xr
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