DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
					2 NAVY ANNEX
WASHINGTON DC 20370-5100 

					TRG
	Docket No: 5501-06 
	8 November 2007

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 6 November 2007. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy Reserve on 20 December 1976 and reported for extended active duty that same day. On 17 July 1977, you were convicted by a summary court-martial of two periods of unauthorized absence totaling about 46 days. During the period from 30 July to 22 November 1977 you received nonjudicial punishment on six occasions. Your offenses were an unauthorized absence of about two days, missing ship’s movement, possession of hashish and 10 absences from your appointed place of duty.

Based on the foregoing record, you were processed for an administrative discharge by reason of misconduct. At that time, you offered to waive the right to have your case heard by an administrative discharge board in exchange for a recommendation for a general discharge. Your commanding officer accepted this offer and recommended a general discharge. After review, the discharge authority directed a general discharge by reason of misconduct and you were so discharged on 23 March 1978. At that time, you were not recommended for reenlistment and were assigned an RE-4 reenlistment code.

In its review of your application, the Board carefully weighed all potentially mitigating factors, such as your youth and the

documentation you submitted showing that you are employed as a merchant marine officer. However, regulations require the assignment of an RE-4 reenlistment code when an individual is discharged by reason of misconduct. Since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of the RE-4 reenlistment code.

Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

You may request a review of your discharge and reason for discharge by completing the enclosed application, DD Form 293, and submitting it to the Naval Discharge Review Board.

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,