DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100
SJN
Docket No: 11372-10
28 July 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 26 July 2011. 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 reenlisted in the Navy on 5 December 2002, after more than
15 years of honorable service. The Board found that on 5 January
2005, you were convicted by civil authorities of making false
statements about the purchase of firearms. You were sentenced to
five months in the U.S. Bureau of Prisons, with an additional
five months of home detention while on supervised release, and
three years of supervised release. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
commission of a serious offense and a civil conviction. You were
notified of this pending administrative separation action, and
elected to consult counsel and have your case heard by an
administrative discharge board (ADB). On 14 February 2005, your
ADB found you had committed misconduct, and recommended an other
than honorable (OTH) discharge. On 13 April 2005, your case was
forwarded and the discharge authority concurred with the ADB’s
finding and recommendation, and directed that you be separated
under OTH conditions by reason of misconduct due to commission of
a serious offense. You were so discharged on 28 April 2005. At
that time, you were assigned an RE-4 reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service, and overall record of service. Nevertheless, the Board
found that these factors were not sufficient to warrant any
change in your discharge given your civil conviction and ensuing
incarceration for very serious offenses. Finally, an RE-4
reentry code must be assigned to all Sailors discharged due to
misconduct. Accordingly, your application has been denied. The
hames 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 entitied 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,
W. DEAN PF
Executive r r
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