DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 7156-08
10 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 8 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.
On 30 June 2003, you enlisted in the Navy at age 20. On
1 July 2004, you had nonjudicial punishment (NUP) for having a
false or unauthorized pass. You also received an evaluation
which stated that your performance was poor, you were counseled
on numerous occasions for being late for morning muster, Lt
indicated that you had significant problems, and were not
recommended for retention. On 14 January 2005, you had NJP
for an unspecified period of UA. On 16 January 2005, your
commanding officer initiated administrative separation by
reason of misconduct due to a pattern of misconduct. In
connection with this processing you acknowledged that
separation could result in a general discharge. On
26 January 2005, the geparation authority approved the
recommendation and directed a general discharge by reason of
misconduct due to a pattern of misconduct. On 26 January 2005,
you were so discharged and assigned an RE-4 reenlistment code.
Regulations direct assignment of an RE-4 reenlistment code to
members who are discharged due to misconduct. Since you have
been treated no differently than others in your situation, the
Board could not find an error or injustice in the assignment of
the RE-4 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,
\p
W. DEAN PFE
Executive D
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