DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 02642-9093
29 December 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 9 December 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 and began a period of active duty on 24
July 2001 at age 18. On 3 December 2003, you were convicted in
civilian court of repeated sexual assault of the same child. You
were sentenced to five years probation, six months confinement
and 250 hours of community service. On 24 March 2004, you were
notified of pending administrative separation action by reason of
misconduct. You elected to consult with legal counsel and
subsequently requested an administrative discharge board (ADB).
On 12 May 2004, an ADB unanimously found that you had committed
misconduct and recommended discharge under other than honorable
(OTH) conditions. Subsequently, your commanding officer
concurred with the ADB and forwarded your case to the discharge
authority for review. On 20 May 2004, the discharge authority
directed an OTH discharge by reason of misconduct. On 9 June
2004 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 your
reenlistment code given your civil conviction for very 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.
The Board did not consider whether to upgrade your discharge or
change the narrative reason for separation because you have not
exhausted your administrative remedy of applying to the Naval
Discharge Review Board (NDRB). You may apply to NDRB by
submitting the attached DD Form 293.
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,
waHW. DEAN PFEIFFER
Executive Director
Enclosure
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