DEPARTMENT OF THE NAVY
BOARD FOR CORRECTiON OF NAVAL RECORDS
2 NAVY ANNEX
	WASHINGTON DC 20370-5100
		SJN
Docket No: 06659-06
16 January 2007

This is in reference to your application for correction of yours 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 3 January 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You reenlisted in the Navy on 31 March 1998 after about five years of prior service. You served without incident until 24 January 2000, when you received nonjudicial punishment (NJP) for two specifications of unauthorized absence (UA) and wrongfully charging unauthorized purchases on a government credit card. You were awarded a forfeiture of pay, restriction, and a suspended reduction in paygrade. You served satisfactorily for over two years until, 25 February 2002, when you were convicted by civil authorities for resisting or obstructing a peace officer. You were sentenced to a fine, ordered to attend an anger control class and directed to perform community service.

On 6 November 2002 you were processed for an administrative discharge by reason of misconduct due to civil conviction. You elected to consult counsel and have your case heard by an administrative discharge board (ADB).

On 13 November 2002 an ADB found that you had committed misconduct due to civil conviction, and recommended discharge under other than honorable condition. However, the ADB also recommended that your discharge be suspended for a period of 12 months. Your commanding officer (CO) forwarded your case to the separation authority and concurred with the findings and recommendation for an other than honorable discharge, but did not agree with the recommendation of the suspension of separation. On 17 December 2002 the discharge authority directed that you be discharged under other than honorable conditions, and you were so discharged on 20 December 2002 with an RE-4 reenlistment code. On 17 August 2004 the Naval Discharge Review Board (NDRB), reviewed your discharge and changed the character of your service to a general discharge.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, almost 10 years of service, and post service accomplishments. However, the Board found that these factors were not sufficient to warrant a change in your reenlistment code given the NJP for a serious offense and civil conviction. In this regard, an RE-4 reenlistment code must be assigned when an individual is discharged due to 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,

ROBERT D. ZSALMAN
Acting Executive Director

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