DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 7801-07
15 May 2008
—_—lh i.
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 27 June 2005, you enlisted in the Navy at age 19. On
13 June 2006, you began an unauthorized absence (UA) that ended
on 23 June 2006, a period of about ten days. On 30 June 2006,
you had nonjudicial punishment (NJP) for the ten day period of
UA. On 5 July 2006, you were counseled regarding deficiencies
in your performance and conduct and warned that further
infractions could result in disciplinary action or
administrative separation. On 25 October 2006, you had NUP for
an unspecified violation of Article 80 of the Uniform Code of
Military Justice and making a false official statement.
Suspended punishment from the NJP dated 30 June 2006, was also
vacated.
Based on the information currently contained in the record, it
appears that your commanding officer subsequently initiated
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 3 November 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 discharged by reason of misconduct. Given your
misconduct that occurred within a five month period of time,
and 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,
| nse DIE Sm
BERT ZSALMAN
Acting Executive Director
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