DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 03359-10
20 January 2011
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 19 January 9011. 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.
You enlisted in the Navy and began a period of active duty on
25 March 2003. The Board found that you received two nonjudicial
punishments (NJP’s) for disorderly conduct (drunkenness),
engaging in a personal relationship with a subordinate, and
assault. As a result of your second NJP, you received
restriction, extra duty, a forfeiture of pay, and a reduction in
paygrade. You remained on active duty until you were honorably
released from active duty on 24 March 2007, at the completion of
your required service. At that time you were assigned an RE-4
reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, record of service, and desire to change your RE-4
reentry code. Nevertheless, the Board concluded these factors
were not sufficient to warrant such a change of your reentry code
given your two NJP's for very serious offenses, and the fact that
you were very fortunate to have been given the opportunity to
remain on active duty after your NJP’s which allowed you to earn
an honorable characterization of service. In this regard, you
were assigned the appropriate reentry code based on your
circumstances and overall record. 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,
lo\penthe.
W. DEAN PFE
Executive Di
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