DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 8019-07
3 October 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 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, 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 25 June 2001 at age 19 and served
without disciplinary incident until 23 Jun 2003, when you
received nonjudicial punishment (NJP) for larceny, making a false
official statement, and a 28 day period of unauthorized absence
(UA). About six months later, on 5 December 2003, you were
convicted by summary court-martial (SCM) of a 73 day period of UA
and sentenced to confinement for 14 days and a reduction to
paygrade E-2.
On 13 December 2003 you were notified of pending administrative
discharge 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). Subsequently, your commanding officer recommended
discharge under honorable conditions by reason of misconduct due
to a pattern of misconduct. The discharge authority approved
this recommendation, and on 5 January 2004 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 you believe the RE-4 igs unjust because you were
discharged under honorable conditions. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
of your reenlistment code because of your repetitive misconduct
and lengthy periods of UA. Further, an RE-4 reenlistment code is
authorized by regulatory guidance and must be assigned when a
Sailor is separated by reason of misconduct. Finally, you were
given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. 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,
haa
W. DEAN PFE E
Executive Dive r
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