DEPARTMENT OF THE NAVY
            BOARD FOR CORRECTION OF NAVAL RECORDS
			         2 NAVY ANNEX
                                            WASHINGTON DC 2O370-51OO 

										SJN
                             Docket No: 08120-06
                                                           2 March 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 28 February 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 enlisted in the Navy on 18 March 1996 at age 19. on 19 September 1996 and 1 May 1997 you received nonjudicial punishment (NJP) for disobedience, a two-day period of unauthorized absence (UA), and three other brief periods of UA. After the first NJP, you were counseled and warned that further misconduct could result in administrative separation.

On 14 May 1997 you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct. You waived your right to consult with counsel and submit a statement.

On 16 May 1997, your commanding officer (CO) stated, in part, that you were not conducive to military life due to your misconduct and directed a general discharge by reason of misconduct due to a pattern of misconduct. On 23 May 1997 you were so discharged and assigned an 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, overall record of service, and desire to reenlist. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge, changing the reason for separation, or a change to your reenlistment code given your record of two NJP’s, one of which was imposed after you were counseled and warned of the consequences of further misconduct. Additionally, you waived the right to submit a statement in response to the discharge action. Finally, 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,

2