DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3690-08
8 April 2009
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
1 April 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 20 November 2001, you reenlisted in the Navy at age 22 after
an honorable period of service. During the period 23 July to
10 September 2004, you had nonjudicial punishment on two occasions
and a suspended punishment vacated. Your offenses included leaving
your appointed place of duty, a brief instance of unauthorized
absence, making a false official statement, falsifying an official
document, and making a false claim against the government.
On 10 September 2004, your commanding officer initiated
administrative separation by reason of misconduct due to a pattern
of misconduct and commission of a serious offense. In connection
with this processing, you acknowledged that separation could result
in an other than honorable (OTH) discharge and waived the right to
have your case heard by an administrative discharge board (ADB).
On 30 September 2004, the separation authority approved the discharge
recommendation and directed an OTH discharge by reason of misconduct
due to commission of a serious offense. On 30 September 2004, you
were so discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your prior period
of honorable service, regret for your misconduct, and contention that
you did not have an opportunity to state your case. Nevertheless,
the Board concluded that these factors and contention were not
sufficient to warrant recharacterization of your discharge due to the
seriousness of your misconduct. The Board also noted that you waived
the right to have your case heard by an ADB, which was your best
opportunity for retention or a more favorable characterization of
service. Furthermore, regulations direct the assignment of an RE-4
reenlistment code to members who are discharged due to misconduct.
Therefore, the Board concluded that the discharge was proper as
issued and no change is warranted. Accordingly, your application has
been denied. The names and votes of the members of the panel will be
furnished upon request.
The Board noted that as a result of your prior period of honorable
service, you may be eligible for veterans' benefits. You should
contact the nearest office of the Department of Veterans Affairs if
you desire clarification about your eligibility for those benefits.
The Board also noted that you should contact the National Personnel
Records Center (Code 312-D2), 9700 Page Avenue, St. Louis, Missouri
63132-5100, to request that block 14 of your DD Form 214 specify that
you had an honorable period of service from 10 July 1998 to
19 November 2001.
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 DFE
Executive Di tor
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