DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 10108-08
2 September 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 25 AUgiist~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 reenlisted in the Navy on 23 March 1999 after four years of
honorable service. On 9 October 2001, you were convicted by
civil authorities of driving on a suspended license, which was
your second offense. On 22 April 2004, you were convicted of
driving under the influence, which involved an accident, and
declared a habitual offender. As a result of your second
conviction, you were sentenced to a fine, confinement, and had
your license suspended.
On 17 May 2004, you were processed for an administrative
discharge by reason of misconduct due to civil conviction. Based
on the information currently contained in your record it appeaxys
you were notified of this pending administrative separation. You
“waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). You
received a general discharge on 4 June 2004, and were assigned an
RE-4 reenlistment code.
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
reenlistment code, which was based on your misconduct due to
civil conviction. In this regard, an RE-4 reenlistment code is
required when an individual is discharged due to 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,
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