DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
SJN
Docket No: 00924-08
5 February 2009
Thig 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 3 February 2009. 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 and began a period of active duty on
12 September 1996 at age 18. During the period from 21 August
1997 to 26 January 1998, you received four nonjudicial
punishments (NJP’s) for seven periods of unauthorized absence,
two instances of disobedience, absence from your appointed place
of duty, and failure to go to your appointed place of duty.
Additionally, you were counseled and warned that further
misconduct could result in administrative discharge action.
Based on the information currently contained in your record it
appears you were notified of pending administrative separation
action by reason of misconduct due to commission of a serious
offense. On 14 April 1998 you received a general discharge.
At that time, you were assigned an RE-4 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
there factors were not sufficient to warrant removing any of your
NIP’s from your official record or a change in your reenlistment
code, which was based on your disciplinary record and substandard
behavior. In this regard, an RE-4 reenlistment code is required
when an individual 4s discharged due to misconduct.
Additionally, the Board also noted that you were fortunate to
receive a general discharge since a discharge under other than
honorable conditions ig often directed when an individual is
discharged for misconduct. 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 ig on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
1) * DEAN Sekt
Executive Di tor
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