DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 02605-09
7 April 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 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 31 March 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
23 August 2004. On 19 July 2005, you received nonjudicial
punishment (NJP) for failure to obey two lawful orders and being
absent without leave. During the evaluation period of 16 July
through 9 August 2005, you were not recommended for retention.
Your commanding officer stated that you had been an
administrative and disciplinary burden. You were notified that
you were being processed for administrative separation with a
general discharge for misconduct. After you were advised of your
rights, you elected to receive copies of documents to be
forwarded to the separation authority, but waived all your other
procedural rights. Subsequently, on 7 September 2005, you were
discharged with a general discharge by reason of your misconduct
of serious offense. At that time, you were assigned a
reenlistment code of RE-4.
In its review of your application, the Board considered all
potentially mitigating factors, such as your youth. However, the
Board found these factors were insufficient to warrant changing
your reenlistment code due to your misconduct. The Board noted
that applicable regulations authorize the assignment of an RE-4
reenlistment code to individuals who are separated due to
misconduct of serious offenses. The Board thus concluded that
there is no error or injustice in your reenlistment code.
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,
LD Waa
W. DEAN PF
Executive D r
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