DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 02879-08
5 February 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of THe 10, Unatced
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 January 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 on 13 October 1994, and served without
disciplinary incident. However, you were counseled for
cohabiting with a married woman; failing to prepare for sea duty,
and failure to go to your appointed place of duty. Therefore,
you were separated with an entry level separation (ELS) and 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, the passage of time, and your mitigating factors.
Your claim that you had a child with the married woman whom you
were cohabiting with prior and during your enlistment was
considered and reviewed carefully by the Board. However,
receiving an ELS discharge is not derogatory and an RE-4
reenlistment code can be waived by another service. Therefore,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge or changing your
reenlistment code. 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,
\ DoS |
W. DEAN P IF
Executive r or
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