DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 8999-07
31 January 2008
Dear St.
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 13 August 2002. On 28 May 2003, you
were convicted by a summary court-martial for disrespect,
disobedience, willful damaging of government property, two
specifications of assault, three specification of communicating a
threat, and drunk and disorderly conduct. The court sentenced
you to a forfeiture of pay, reduction to pay grade E-1, and 20
days confinement. On 26 June 2003, you were counseled and warned
that further misconduct could lead to discharge processing. On 8
August 2003, you were convicted by civil authorities of
disturbing the peace and fighting. On 14 August 2003, you
received nonjudicial punishment for a short period of
unauthorized absence and possession of alcohol while a minor.
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. After review, the discharge authority directed a general
discharge by reason of a pattern of misconduct and you were so
discharged on 1 October 2003.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, the
documentation you submitted showing that you are now a member of
the Army National Guard and desire corrections to your record so
that you can enter a commissioning program. The Board found that
these factors were not sufficient to warrant recharacterization
of your discharge or to change the reason for your discharge.
Regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged 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. The Board concluded
that a correction to your record is not warranted.
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,
7
1
D Woes
Executive or
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