DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 03113-09
15 April 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 14 April 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. In this regard, the Board substantially concurred
with the comments contained in the advisory opinion.
You enlisted in the Navy on 30 June 1987. On 27 January 1998,
you were counseled concerning your personal irresponsibility
which caused a $2,560 phone bill for area code 900 services. On
5 February 1998, you received counseling concerning your
misconduct due to the commission of a serious offense by
violating a lawful order by continuing to make phone calls to the
area code 900 service. You were notified that administrative
discharge procedures were initiated and that you would receive a
general discharge and a reenlistment code of RE-4 for your
misconduct. You were referred to the Command Financial
Specialist on 3 March 1998, which identified that you had a
Substantial amount of indebtedness which totaled $7,523. You
received the general discharge and RE-4 reenlistment code on
13 March 1998.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your RE-4 reenlistment code
oer character of service, given your record of misconduct. The
Board also noted that you were fortunate to receive a general
discharge since a discharge under other than honorable conditions
is often directed when an individual is found to have committed
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 Suen
W. DEAN E
Executive D or
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