Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 02425-07
Original file (02425-07.rtf) Auto-classification: Denied
                  DEPARTMENT OF THE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
                                                                2 NAVY ANNEX
                  WASHiNGTON DC 20370-5100


                  TRG
 Docket No:2425-07
 31 October 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 30 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You reenlisted in the Navy on 3 June 2003 with about four years of active service on a prior enlistment. You then served without incident for several years. The performance evaluation for the period 27 May 2005 to 15 March 2006 is adverse with a 1.0 mark in the category of military bearing/character and you were not recommended for promotion or retention in the Navy. The evaluation comments state, in part, as follows:
[Member was] counseled on eight different occasions during this reporting period for unauthorized absence, substandard uniform appearance and lying to the chain of command. Member intentionally wrote two checks to the Navy Exchange with insufficient funds...
On 30 March 2006 you received nonjudicial punishment for unauthorized absence and two specifications of failure to pay just debts. The punishment included forfeitures of pay and a reduction in rate.







On 5 April 2006, you were notified of separation processing by reason of misconduct. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board. After review, the discharge
          authority directed a general discharge and you were so discharged on 21 April 2006. At that time, you were not recommended for reenlistment and were assigned an RE-4 reenlistment code.
You state in your application that you have learned from your mistakes and desire a correction to your record so that you can again serve in the military. You have submitted a character reference from a chief petty officer who believes that you would now be an excellent member of the military.
The Board found that you were fortunate to have received a general discharge since a discharge under other than honorable conditions was authorized. Regulations require the assignment of an RE-4 reenlistment code when an individual is discharged by reason of misconduct. 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.
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

Similar Decisions

  • NAVY | BCNR | CY2008 | 00324-08

    Original file (00324-08.pdf) Auto-classification: Denied

    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. Regulations authorize the assignment of an RE-4 reenlistment code to members who are discharged due to a personality disorder. 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...

  • NAVY | BCNR | CY2007 | 02348-07

    Original file (02348-07.rtf) Auto-classification: Denied

    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.On 20 March 2006, you enlisted in the Navy at age 19. Apparently, the separation authority approved...

  • NAVY | BCNR | CY2006 | 02348-07

    Original file (02348-07.rtf) Auto-classification: Denied

    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.On 20 March 2006, you enlisted in the Navy at age 19. Apparently, the separation authority approved...

  • NAVY | BCNR | CY2008 | 04516-08

    Original file (04516-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 February 2009. 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. Given your misconduct, alcohol rehabilitation failure, and the fact that the separation authorities were ordered to issue you an RE-4...

  • NAVY | BCNR | CY2008 | 03504-08

    Original file (03504-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 December 2008. 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.

  • NAVY | BCNR | CY2006 | 05427-06

    Original file (05427-06.rtf) Auto-classification: Denied

    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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.On 20 December 2002 you were found physically qualified for enlistment in the Navy. However, the...

  • NAVY | BCNR | CY2006 | 02175-07

    Original file (02175-07.rtf) Auto-classification: Denied

    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 that the evidence submitted was insufficient to...

  • NAVY | BCNR | CY2007 | 04701-07

    Original file (04701-07.rtf) Auto-classification: Denied

    Documentary material considered by the Board consisted af your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulatio~ 5 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.On 5 May 2005, you enlisted in the Navy at age 20. At that time you were assigned an RE-4...

  • NAVY | BCNR | CY2006 | 05943-06

    Original file (05943-06.rtf) Auto-classification: Denied

    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. 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. The reenlistment code was correctly assigned and was based on his overall record.2.

  • NAVY | BCNR | CY2006 | 08259-06

    Original file (08259-06.rtf) Auto-classification: Denied

    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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.The Board found that you enlisted in the Navy Reserve on 7 October 1984. After review by the...