DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 11844-0909
30 August 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 24 August 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.
Béter 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
22 May 2001. The Board found that you received three nonjudicial
punishments (NUP’s) for assault, wrongfully concealing and
possessing a dangerous weapon on government property, and an
unknown offense that led to your reduction to paygrade E-3.
Based on the information currently contained in your records, it
appears you were administratively discharged from the naval
service due to commission of a serious offense. In connection
with this processing, you would have acknowledged the separation
action and the discharge authority would have approved a
recommendation for separation. The record clearly shows that you
were discharged on 31 October 2006 due to commission of a serious
offense. 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 youth, character letters, post service accomplishments, and
desire to change your RE-4 reenlistment code. Nevertheless, the
Board concluded these factors were not sufficient to warrant a
change of your reenlistment code given your three NJUP’s for
serious offenses. 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,
\pQueS j
W. DEAN P
Executive \\ tor
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