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NAVY | BCNR | CY2006 | 08455-06
Original file (08455-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
         WASHINGTON DC   





CRS
Docket No: 8455-06
7 January 2008





This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the U nited States Code section 1552.
A three - me m ber panel of the Board for Correction of Naval Recor d s, sitting executive session, considered ~OUT application on 28 Nove mb er 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 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 on 23 August 1994. On 3 February 1995 you received nonjudicial punishment for the offense of robbery. On 22 February 1995 an administrative discharge board recommended that you be separated with a discharge under other than honorable conditions by reason of misconduct/commission of a serious offense. After review by the discharge authority, the recommendation for separation was approved and on 14 April 1995 you were separated with a discharge under other than honorable conditions, and assigned a reentry code of RE-4.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your good post service conduct and the letters of recommendation you submitted. The Board concluded that those factors were insufficient to warrant upgrade of your discharge, given the seriousness of the offense for which you were discharged.
Applicable regulations require the assignment of an RE-4 reentry code when an individual is discharged by reason of misconduct.
 Dear
 Since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of your reentry code.
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 PFIEFFER
                                                                         Executive Director

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