DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 07675-08
22 June 2009
This is in reference to your application for correction of your’
naval record pursuant to the provisions of Title 10, 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 4 June 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 14 February 1996, and were given a
waiver to enlist at recruit training command due to domestic
dispute charges that were never disclosed prior to your entry
into military service. You served without disciplinary incident
until 8 June 1997, when you received an adverse counseling
statement for being in an unauthorized absence (UA) status.
Shortly thereafter, on 18 October 1997, you were counseled again
for being UA. You were separated on 13 February 2000, at the end
ef your obligated service with an honorable discharge 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 and belief that enough time has elapsed to warrant a
change in your reenlistment code status. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
to your reenlistment code status because of your 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 is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\y |
Wy D P
Executive Dir
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