DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 05797-11
22 March 2012
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 20 March 2012. 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
20 July 2001. The Board found that although the record is
incomplete, on 19 September 2006 and 7 June 2007, you received
nonjudicial punishment (NJP) for what appears to be two periods
of unauthorized absence (UA) totaling 35 days. Additionally, on
10 August 2007, you received an honorable discharge by reason of
convenience of the government due to hardship. At that time you
were assigned a “KDB” (hardship) separation code and 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, the reasons surrounding the cause
of your discharge, and desire to change the reason for your
discharge and RE-4 reentry code. Nevertheless, the Board
concluded these factors were not sufficient to warrant such a
change to the reason for your discharge or RE-4 reentry code
given your two NJP’s for periods of UA totaling over 30 days. In
this regard, you were assigned the appropriate reentry code based
on your Circumstances. Finally, the Board found that your “KDB”
separation code was also properly assigned. 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,
lp Neu’
W. DEAN PFEIL E
Executive Dirert
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