DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09956-07
6 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 1 July 2001 at age 18. On 5 May and
20 August 2002, you received nonjudicial punishment (NJP) for
disrespect, disobedience, fraternization, failure to go to your
appointed place of duty, insubordination, provoking speeches and
gestures, and assault. Based on the information currently
contained in your record it appears you remained on active duty
until you were discharged under honorable condition for
convenience of the government due to a personality disorder, and
assigned an RE-3G reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in the
reenlistment code, which was based on the diagnosed personality
disorder. Furthermore, the RE-3G code is the most favorable code
that may be assigned due to your circumstances, and can be waived
to permit reentry on active duty. Accordingly, your application
has been denied. The names and votes of the members of the panel
will be furnished upon request.
The Board did not consider whether to upgrade your discharge or
change the reason for separation because you did not request such
action, and you have not exhausted your administrative remedy by
applying to the Naval Discharge Review Board (NDRB). You may
apply to NDRB by submitting the attached DD Form 293.
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
Enclosure
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