DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00356-09
6 November 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. ,
-- BK three-member panel of the Board for Correction of Naval
“Records, sitting in executive session, considered your . .
application on 28 October 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. 7
After careful and conscientious congideration 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 and began 4 period of active duty on
6 September 2000, at age 18. Between 15 June 2002 and
13 June 2003, you were the subject of a criminal investigation
conducted by the Ridgecrest Police Department and found to be
involved in a felony act of credit card theft and obstruction of
a public officer. On 28 April 2003, administrative separation
action was initiated by reason of misconduct due to a commission
of a serious offense. You waived your rights to consult counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB). Your commanding officer forwarded his
recommendation that you be discharged under honorable conditions
‘by reason of misconduct. The discharge authority directed a .
general discharge by reason of misconduct. On 13 June 2003, you
were so discharged. At that time you 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 found that
these factors were not, sufficient to warrant changing the
reenlistment code or characterization of your discharge, given
your record of serious civil charges. In this regard, an RE-4
reenlistment code is required when an individual is discharged
prior to the expiration of his term of active obligated service
and is not recommended for retention. The Board also noted that
you waived the right to an ADB, your best opportunity for
retention or a better characterization of service. The Board
believed you were fortunate to have received a general discharge,
because most individuals who are separated for misconduct receive
an other than honorable characterization. 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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