DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TAL
Docket No: 10024-0909
25 June 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 23 June 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 an@ 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
8 July 2004 at age 26. You received nonjudicial punishment on
two occasions for failure to obey a lawful order, larceny and
wrongful appropriation. You were counseled regarding your
misconduct and warned that further offenses could result in
administrative separation. Based on the information currently ,
contained in your record it appears that you were subsequently
involuntarily processed for a general discharge due to a pattern
of misconduct. In connection with this processing, you would
have acknowledged the separation action. On 16 August 2007, the
separation authority directed a general discharge by reason of
misconduct due to a pattern of misconduct. On 5 September 2007
you were so discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overail
record of service and desire to change your reenlistment code.
Nevertheless, the Board found that these factors were not
sufficient to warrant a change of your reenlistment code given
the seriousness of your misconduct. The Board also believed that
you were fortunate to receive a general discharge in light of
your misconduct. 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.
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,
LwDewede
W. DEAN PFE
Executive D r
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