DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 07650-09
11 May 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 7 May 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
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.
The Board found that your record reflects you were convicted by
special court-martial (SPCM) of carnal knowledge with a minor
under the age of 16. You received a reduction in paygrade and
were reprimanded. Administrative discharge action was initiated
to process you for misconduct due to commission of a serious
offense. However, the Bureau of Naval Personnel discovered that
you could not be held involuntarily beyond your obligated service
for administrative discharge action and therefore ordered that
you be separated at the completion of your required service with
an honorable discharge and assigned an RE-4 reenlistment code.
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 RE-4 reenlistment code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant such a change of your reenlistment code
given your SPCM conviction for very serious misconduct. In this
regard, you were assigned the appropriate reenlistment code based
on your circumstances. Accordingly, your application has been
denied.
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,
_ se
ROBERT D. SALMAN
Acting Executive Director
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