DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 5634-14
1 July 2015
Dear =:
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 May 2015. 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
24 June 2003. You served without disciplinary incident until
8 March 2008, when you received nonjudicial punishment (NJP) for
dereliction in the performance of duties and false official
statements. Shortly thereafter, you were not recommended for
retention by your Commanding Officer. On 23 June 2008, you were
discharged with an honorable characterization of service and
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 desire to upgrade your reenlistment code. Nevertheless,
the Board concluded these factors were not sufficient to warrant
relief in your case, given the seriousness of your misconduct
and you were not recommended for reenlistment. Finally,
violations of Article 92 are considered serious offenses and
Sailors found guilty of these charges would normally be assigned
an RE-4 reenlistment code, which is a bar to reenlistment.
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
‘tthe Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board within one year from the date of the Board’s decision.
‘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,
nn
ROBERT J. O'NEILL
Executive Director
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