DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06619-08
1 May 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 28 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 31 January 2002 at age 18. You
served without incident for over four years until 24 February
2006, when you were arrested by Civil authorities for domestic
violence. On 15 March 2006, you pled “No Contest” to assault and
domestic violence. The court sentenced you to probation, a fine,
undergo a drug and alcohol assessment, and attend an Anger
Management class.
On 19 May 2006, you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense. After being advised of your procedural rights,
you waived the right to an administrative discharge board (ADB).
Your commanding officer directed your separation, and on 26 May
2006 you received a general discharge. At that time, you were
assigned an RE-4 reenlistment.
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
reason for discharge or changing your reenlistment code, which
were based on your civil conviction. In this regard, an RE-4
reenlistment code is required when an individual is discharged
due to misconduct. The Board also noted that you were fortunate
to receive a general discharge since a discharge under other than
honorable conditions is often directed when an individual is
separated for misconduct. Further, you waived the right to an
ADB, your best chance for retention or a better characterization
of service. 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 PFE
Executive Di
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