DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
“WASHINGTON DC 20370-5100 ~
SMW
Docket No: 7467-07
15 May 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 14 May 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.
On 8 December 2003, you enlisted in the Navy at age 19 and
served without incident for more than two years. On
10 February and 17 August 2006, you had nonjudicial punishment
for being incapacitated while on duty, an unspecified period of
unauthorized absence, and failure to obey a lawful order.
Based on the information currently contained in the record, it
appears that your commanding officer subsequently initiated an
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 given an opportunity to submit a
statement. Apparently, the separation authority approved the
separation recommendation and directed a general discharge by
reason of misconduct due to a pattern of misconduct. On
25 August 2006, you were so discharged and assigned an RE-4
reenlistment code.
Regulations direct assignment of an RE-4 reenlistment code to
members who are separated due to 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,
ed DS. AD pe
ROBERT D. SALMAN
Acting Executive Director
NAVY | BCNR | CY2007 | 07882-07
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 26 October 2004, you enlisted in the Navy at age 19. On 10 March 2006, your commanding officer...
NAVY | BCNR | CY2007 | 07801-07
A three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 14 May 2008. 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 direct assignment of an RE-4 reenlistment code to members who are discharged by reason of misconduct.
NAVY | BCNR | CY2007 | 05727-07
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. The Board did not consider whether the characterization of service or reason for separation should be changed, since you have not exhausted your administrative remedy of applying to the Naval Discharge Review Board (NDRB). Consequently, when applying for a correction of an official...
NAVY | BCNR | CY2005 | 09559-05
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 on 25 October 2001. After review by the discharge...
NAVY | BCNR | CY2007 | 07459-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2008. In connection with this processing, you acknowledged that separation could result in an OTH discharge and elected to have your case heard by an administrative discharge board (ADB). Regulations direct assignment of an RE-4 reenlistment code to members who are discharged by reason of misconduct.
NAVY | BCNR | CY2008 | 05555-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2006 | 08732-06
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 on 31 May2001. Since you have been treated no...
NAVY | BCNR | CY2006 | 08259-06
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...
NAVY | BCNR | CY2007 | 08019-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 October 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,...
NAVY | BCNR | CY2007 | 05633-07
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 12 June 2006 at age 18. Your commanding officer stated, in part, that you...