DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 04142-07
6 February 2008
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 29 January 2008. 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 21 February 2006 at age 20.
On 11 April 2006, you were given an administrative warning that
further deficiencies in your performance and conduct could result
in separation. On 17 July 2006 you received nonjudicial
punishment (NJP) for disobedience and conduct to the prejudice of
good order and discipline.
On 18 July 2006, your commanding officer (CO) initiated
administrative separation action. You requested copies of the
documents that were forwarded concerning your separation.
Your CO forwarded your case and on 25 July 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 your NUP and the fact that you committed misconduct after
being counseled. Further, an RE-4 reenlistment code must be
assigned to all individuals separated 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.
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, \
Louk
W. DEAN PF
Executive D
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