DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
C 20370-5100
WASHINGTON DC 2 TRG
Docket No: 8361-07
12 August 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 5 August 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 27 August 2004 at age 18. During the
period from 12 January to 4 February 2005, you received
nonjudicial punishment on three occasions. Your offenses were
wrongful alteration of an identification card and missing
restricted musters on several occasions. Based on the foregoing
record, you were processed for an administrative discharge by
reason of a pattern of misconduct. In connection with this
processing, you elected to waive the right to have your case
heard by an administrative discharge board (ADB). After review,
the separation authority directed discharge under other than
honorable conditions and you were so discharged on 9 March 2005.
At that time, you were not recommended for reenlistment and were
assigned an RE-4 reenlistment code.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as the nature of your
offenses and contention that you only missed restricted musters
because you were unable to sleep due to your roommate's
activities that were keeping you awake. You allege that your
commanding officer refused to consider this excuse. The Board
found that these factors and contention were not sufficient to
warrant recharacterization of your discharge or to change the
reason for your discharge given your record of misconduct. The
Board noted that you declined the right to have your case heard
by an ADB which was your last best chance to make your argument
prior to discharge. Accordingly, there is no explanation in your
record as to why you missed the restricted musters. The Board
concluded that the discharge and reason for discharge were proper
as issued and no change is warranted.
Regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged under other than honorable
conditions by reason of 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.
You may be eligible to request recharacterization of your
discharge and a change to the reason for your discharge by
submitting an application to the Naval Discharge Review Board.
Therefore, I am enclosing an application, DD Form 293, for your
use if you decide to apply.
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,
W. DEAN P
Executive D or
Enclosure
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