DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SoN
Docket No: 09776-09
28 June 20130
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 22 June 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
haval 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 Reserve and began a period of active
duty on 10 August 2007. Based on the information currentiy
contained in your record the Board found that between
30 September and 1 October 2007, through design, you missed the
movement of your command. Subsequently, administrative discharge
action was initiated by reason of misconduct due to commission of
a serious offense. You waived your rights to consult counsel,
submit a statement or have your case heard by an administrative
discharge board {ADB). Your case was forwarded recommending that
you receive a general discharge by reason of misconduct. The
discharge authority concurred and you received a general
discharge on 17 October 2007. At that time you were 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 relatively short period of active duty 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 RE-4 reenlistment given the serious offense of missing
movement. In this regard, you were assigned the appropriate
reenlistment code based on your circumstances. Accordingly, your
application has been denied.
The Board did not consider whether to upgrade your discharge or
change the reason for separation because you did not request such
action, and you have not exhausted your administrative remedy by
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,
\p Yon &
W. DEAN PF ;
Executive D r
Enclosure
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