DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 5547-07
24 January 2008
ae
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 23 January 2008. Your a@liegations 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.
On 8 July 1996, you enlisted in the Navy at age 19. Based on the
information currently contained in the record, it appears that
your commanding officer subsequently initiated administrative
separation by reason of erroneous entry. In connection with this
processing, you would have acknowledged the separation action.
Apparently, the separation authority approved the discharge
recommendation. On 1 July 1999, you were honorably discharged by
reason of erroneous entry and assigned an RE-4 reenlistment code.
Regulations authorize the assignment of an RE-4 reenlistment code
to members who are not recommended for retention or discharged by
reason or erroneous entry. A Federal Bureau of Investigation
(FBI) criminal report of 28 December 2007, shows that you had
multiple felony charges at the time you were discharged. The FBI
report and your admission of completing probation clearly
indicates that your commanding officer had sufficient cause to
assign an RE-4 reenlistment code. 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 the RE-4
reenlistment 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,
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