DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00

SJN
Docket No: 05862-07
24 March 2008

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 18 March 2008. 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 16 June 2005 at age 23. Based on the information currently contained in your record it appears that you were subsequently involuntarily processed for an entry level separation due to poor performance and conduct. In connection with this processing, you would have acknowledged the separation action and the separating authority would have approved a recommendation for separation. The record clearly shows that on 15 December 2005, you were discharged with an entry level separation. At that time you were assigned an RE-4 reenlistment code.

Applicable regulations require the assignment of an RE-4 reenlistment code to individuals who are separated due to entry level performance and conduct. The Board thus concluded that there is no error or injustice in your reenlistment code.

Further, the Board employed a presumption of regularity pertaining to your discharge. This means that, in the absence of evidence to the contrary, your discharge will be presumed to be properly as issued. 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