DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 1596-10
17 November 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 10 November 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.
You enlisted in the Navy and began a period of active duty on
12 February 1998 at age 20. You received nonjudicial punishment
(NOP) on two occasions for failure to obey a lawful order,
unauthorized disposal of classified material and larceny. After
your first NJP, 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 separation by reason of a pattern of misconduct.
In connection with this processing, you would have acknowledged
the separation action and the separation authority would have
approved a recommendation for separation. The record
clearly shows that on 3 September 2003, you were discharged with
a general characterization by reason of a pattern of misconduct.
At that time you were assigned an RE-4 reentry code, which means
that you are neither recommended nor eligible for reenlistment.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service and desire to join the Naval Reserve.
Nevertheless, the Board found that these factors were not
sufficient to warrant changing your reentry code given the
seriousness of your misconduct. Finally, an RE-4 reentry 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.
Since your discharge is less than 15 years old, you may apply to
fthe Naval Discharge Review Board (NDRB) for a possible upgrade.
#I have enclosed a copy of NDRB’s application (DD Form 293) for
‘our convenience.
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,
Lue
W. DEAN PFEYF
Executive rn or
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