DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100 -
TJR
Docket. No: 1736-09
11 January 2010
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 5 January 2010. The names~and votes” of the
members of the panel will be furnished upon request.
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 thé 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 28 April 1998 at age 18 and began a
period of active duty on 9 July 1998. You served for nearly two
years without disciplinary incident, but on 21 March 2000, you
received nonjudicial punishment (NUP) for conspiracy. About
three months later, on 11 June 2000, you received NUP for
disrespect and disobedience.
On 8 July 2002, upon -completion of your required active service,
you were honorably released from active duty and transferred to
the Navy Reserve. At that time you were not recommended for
reenlistment and were assigned an RE-4 reenlistment code. On 27
April 2006 you were honorably discharged at the expiration of
your enlistment.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code. It also
considered the supporting documentation provided with your
application. Nevertheless, the Board concluded these factors
were not sufficient to warrant a change in your reenlistment code
because of the seriousness of your misconduct which resulted in
two NOPs. Further, the Board concluded that your misconduct and
nonrecommendation for reenlistment were sufficient to support the
assignment of an RE-4 reenlistment code, which is authorized by
regulatory guidance. Accordingly, your application has been
denied.
The Board suggested that you may wish to apply for a waiver of
your RE-4 reenlistment code with branches of the armed forces
other than the Navy.
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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A three-member panel of the Board for Correction cf Naval Records, sitting in executive session, considered your application on 6 April 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
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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. On 31 July 2004 you received NJP for assaulted consummated by battery and were awarded restriction and extra duty for 45 days, reduction to paygrade E-2, and a $1,412 forfeiture of pay. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...
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NAVY | BCNR | CY2009 | 11735-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your. 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. The Board concluded that you were fortunate to have received a general discharge, because many service members receive discharges under other than honorable conditions for misconduct.
NAVY | BCNR | CY2008 | 08146-08
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. On 27 December 2000 you were so discharged. In this regard, an RE-4 reenlistment code is required when an individual is discharged due to misconduct.
NAVY | BCNR | CY1999 | 08313-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 08313-09
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