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

SJN
Docket No: 08369-06
15 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 14 March 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 13 April 2004 at age 20. On 2 August 2005 you received nonjudicial punishment (NJP) for being drunk on duty. You received a reduction in paygrade, a forfeiture of pay, restriction, and extra duties.

Administrative discharge action was then initiated by reason of misconduct due to commission of serious offense and alcohol rehabilitation failure. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB). On 12 August 2005, your commanding officer (CO) forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct. He stated, in part, that despite counseling and warnings, you continued to commit misconduct, were unwilling to adhere to the rules and regulations, and were unwilling to conduct yourself in a manner conducive to good order and discipline. On 22 August 2005 the discharge authority directed an other than honorable discharge by reason of misconduct due to commission of a serious offense. On 31 August 2005 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 and overall record of service. Nevertheless, the Board concluded these factors were not sufficient to warrant changing the RE-4 reenlistment code because of your NJP and the discharge by reason of misconduct. An RE-4 reenlistment code is required under such circumstances. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

The Board did not consider whether to upgrade your discharge or change the reason for separation because you did not request such action, and you have not exhausted your administrative remedy by applying to the Naval Discharge Review Board (NDRB). You my apply to NDRB by submitting the attached DD Form 293.

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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