DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 10667-08
31 August 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 27 August 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 August 2002, and served without
disciplinary incident until 31 January 2006, when you received
nonjudicial punishment for failure to obey a lawful order. In
addition, you were counseled at various times for having
significant problems, such as tardiness, failing to meet
standards, setting a poor example, and failing operational
intelligence *“C” school. Therefore, on 13 August 2006, you were
separated at the end of 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. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change to your reenlistment code due
your misconduct and substandard performance. Accordingly, your
application has been denied. The names and votes of the members
a a ss ss pg
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 PFENUFFE
Executive Dire
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