DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 3684-07
11 February 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title in Tmited
States Code, Section i552
A three-member pane] of the re 5 reot iin: PSs a |
Records, sitting in executive session, considered your
Your allegations of error and
application on 7 February 2008.
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 4 September 2003 at age 18 and served
for nearly 10 months without disciplinary incident. However,
during the period from 2 June to 3 November 2004, you received
nonjudicial punishment (NJP) on three occasions for disobedience,
14 periods of absence from your appointed place of duty, four
specifications of failure to obey a lawful order, and failure to
go to your appointed place of duty.
On 27 September 2005 you received your fourth NUP for failure to
go to your appointed place of duty. Shortly thereafter, on 3
October 2005, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 7 October 2005 your commanding officer
recommended discharge under honorable conditions by reason of
misconduct due to a pattern of misconduct. On 14 October 2005
the discharge authority approved this recommendation and directed
a general discharge, and on 26 October 2005 you were so
discharged and 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 and desire to reenlist. It also considered your
assertion that the RE-4 reenlistment code will hinder your job
opportunities in law enforcement. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
of your reenlistment code because of the seriousness of your
repetitive misconduct, which resulted in four NUPs. Further, an
RE-4 reenlistment code is required when a Sailor is separated by
reason of misconduct. Finally, Sailors separated by reason of
misconduct normally receive other than honorable discharges and
the Board concluded that you were fortunate to receive 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,
Lo Death pf
W. DEAN PFE
Executive D xX
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