DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD. SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket Ne 4006-14
23 March "2015
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your ape ene on 17
March 2015. The names and votes of the members of the panel will
t
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 Boaz consisted of
ur application, together with all material submitted in support
Chee, 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, began a period of active duty on 1
December 1998, and served for nearly three years without
disciplinary incident. However, on 25 October and again on 24
December 2001, you received nonjudicial punishment (NJP) for two
periods of absence from your appointed place of duty. You were
subsequently processed for separation by reason of misconduct and
were not recommended for reenlistment. The discharge authority
directed an other than honorable discharge by reason of
misconduct, and on 25 March 2002, you were so discharged and
assigned an RE-4 reenlistment code.
h
the Board, as a matter
Your record reflects that on 7 May 35
tion of service to “general
9
of clemency, changed your characteri
under honorable conditions.”
Ol
za
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change your character of service and reenlistment
code based on the Board’s decision to change the characterization
of your service. Nevertheless, the Board concluded these factors
were not sufficient to warrant a change in your reenlistment code
or further recharacterization of your service. With that being
said, the Board concluded that your record of misconduct and
nonrecommendation for retention or reenlistment, were sufficient
to support the assignment of an RE-4 reenlistment code, and that
any further characterization of your service was not warranted.
Finally, such a code is authorized and required by regulatory
guidance for Sailors who are separated due to misconduct.
Accordingly, your application has been denied.
It is regrettable 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 within one year from the date of the Board's
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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 record, the burden is on
the applicant to demonstrate the existence of material error or
injustice.
Sincerely,
MS
ROBERT J. O'NEILL
Executive Director
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