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NAVY | BCNR | CY2007 | 03311-07
Original file (03311-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100


 SJN
 Docket No: 03311-07
13 December 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 5 December 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 Naval Reserve 2x6 Program on 26 December 1990. You served for almost two years without incident until
 27 September and 9 October 1992 when you received nonjudicjal punishment (NJP) for disorderly conduct and disobedience. Although the record is incomplete, you were honorably discharged from active duty at the expiration of your required service. At that time you were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed all potentially mitigating factors, such as your youth, period of service, and the reason you provided as to why you believe you were released from active duty and not allowed to reenlist or extend your enlistment. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in your reenlistment code because of the two NJP’s you received in less than a two your period, and the fact that your record lacks documents, evidence or additional information pertaining to the reason you were released from active duty.


In this regard, the Board employed a presumption of regularity pertaining to your discharge. This means that, in the absence of evidence to the contrary, your discharge will be presumed to be proper as issued. 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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