DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5160 ©
SIN
Docket No: 02505-09
13 January 2010
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 January 2010. 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 and began a period of active duty on
20 June 2000 at age 19. You served without incident for over six
years until 26 April 2007, when you received nonjudicial
punishment (NUP) for failure to go to your appointed place of
duty and making a false official statement. On 1 August 2007,
you received a second NJP for disobedience, two instances of
making a false official statement, and soliciting another to
commit an offense. Based on the information currently contained
in your record it appears that administrative separation action
was initiated to separate you by reason of misconduct due to
commission of a serious offense. On 7 August 2007, your
commanding officer forwarded your case directing separation.
Subsequently, on 10 August 2007 you received a general discharge
At that time, you were assigned an RE-4 reenlistment code and not
recommended for reenlistment
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant changing your reenlistment code
because of your two NUP’s for serious offenses. Finally, an RE-4
reenlistment code must be assigned to all Sailors 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,
Lo Nous
W. DEAN P
Executive
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