DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370~5 1 00
SJN
Docket No: 04704-06
13 November 2006

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 8 November 2006. 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 on 18 January 2000 at age 21. You served without incident for more than a year. However, during the period from 12 June 2002 to 24 March 2005 you received three nonjudicial punishments (NJP’s) for indecent assault, resisting arrest, a period of unauthorized absence, missing ships movement, disobedience, and false official statement. On 21 February and 6 September 2004, you also were apprehended by civilian authorities for assault, resisting an officer and invasion of privacy! trespassing.

On 24 March 2005 you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense. After being advised of your procedural rights, you waived the right to a general court-martial convening authority review. Your commanding officer directed that you be separated for misconduct with a general discharge. You.were separate on 12 April 2005, with and RE-4 reenlistment code.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and time in service. Nevertheless, the Board found that these factors were not sufficient to warrant any change in your discharge or the reenlistment code given your record of three NJP’s for serious offenses of assault and missing ships movement and the incidents with civilian authorities. The Board also noted that you were fortunate to receive a general discharge since a discharge under other than honorable conditions is often directed when an individual is discharged for misconduct. Additionally, and RE-4 reenlistment code is required when and individual is discharged by reason of misconduct. Accordingly, your application has been denied. The names 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 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,

		W. DEAN PFEIFFER
						            Executive Director

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