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NAVY | BCNR | CY2007 | 11208-07
Original file (11208-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                  TJR
                                                                                 Docket No: 11208-07
                                                                                 18 June 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 17 June 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 24 April 1982 at age 18 and began a period of active duty on 27 April 1982 after honorably serving in the Army. While at recruit training, you were referred to an aptitude board because of your refusal to acknowledge and accept your obligations.
You served without disciplinary incident until 1 July 1982, when you received nonjudicial punishment (NJP) for breach of the peace and disobedience. The punishment imposed was a $100 forfeiture of pay. Shortly thereafter, on 15 July 1982, you received NJP for assault and were awarded a $200 forfeiture of pay.
On 22 July 1982, an aptitude board recommended separation by reason of unsuitability because of your 49 days in special training without making significant progress, accumulation of eight demerits, receiving two NJPs, and unwillingness to function as a recruit. The reporting senior stated, in part, that you should never be allowed back in the service.
 Subsequently, you were processed for separation by reason of unsuitability. On 27 July 1982, while serving in paygrade E-l, you were honorably 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 assertion that you were misinformed regarding the type of discharge you were to receive. It also considered your desire to reenlist in the Army. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code or narrative reason for separation because of your inability to adapt and nonrecommendation for retention and/or reenlistment due to your refusal to accept your obligations which rendered you unsuitable for further service. Finally, an RE-4 reenlistment code is authorized when a Sailor, who is serving in paygrade E-l, is separated for this reason and is not recommended for retention or reenlistment. 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,




W.       DEAN PFEIFFER
 Executive Director












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