DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8175-06
1 February 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 1 February 2008. Your allegations of errear and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings ot this
Documentary material considered by the Board consisted of
together with all material submitted in support
regulations
Board.
your application,
thereof, your naval record and applicable statutes,
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.
The Board found that you enlisted in the Navy Reserve on 9
September 1987. On 11 April 1988 you received nonjudicial
punishment for unauthorized absences of 1, 2 and 47 days.
On 28 April 1988 your commanding officer recommended that you be
separated from the Navy Reserve with a discharge under other than
honorable conditions by reason of misconduct due to the
commission of a serious offense, i.e., the 47 seven day period of
unauthorized absence. After being informed of the recommendation
for separation, you waived the right to present your case to an
administrative discharge board. After review by the discharge
authority, the recommendation for separation was approved, and on
24 June 1988 you were separated with a discharge under other than
honorable conditions, and assigned a reentry code of RE-4.
The Board carefully considered your contentions to the effect
that your reentry code should be corrected because you absented
yourself without authority in order to be with your dying mother,
and so that you may join the Army to participate in the global
war on terrorism. The Board concluded, however, that as the
assignment of a reentry code of RE-4 is required when an
individual is discharged by reason of misconduct, and as you have
not demonstrated that it would be in the interest of justice for
the Board to grant an exception to that policy, there is no basis
for any corrective action in your case. 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,
ly Doan
W. DEAN PFE E
Executive Diléc
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