DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2079-08
26 November 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 25 November 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 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 24 August 1995,
A general court-martial convened on 2 September 2005 and found
you guilty of wrongful possession of 25 pounds of marijuana with
intent to distribute. The court sentenced you to confinement at
hard labor for nine months and a bad conduct discharge. The bad
conduct discharge was executed on 16 February 2007, upon the
completion of appellate review. You were assigned a reentry code
of RE-4 to indicate that you were not eligible or recommended for
reenlistment.
The Board carefully weighed all potentially mitigating factors
present in your case, such as your family situation and overall
record of service. The Board concluded that those factors were
insufficient to warrant recharacterization of your service, given
the serious nature of the offense which resulted in your bad
conduct discharge.
The Board noted that applicable regulations require the
assignment of an RE-4 reentry code when a Sailor receives a
punitive discharge. Since the RE-4 reentry code was properly
assigned in your case and as you have been treated no differently
than others in siintlar situations, there is no basis for chasing
your reentry code.
In view of the foregoing, 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,
Executive D
NAVY | BCNR | CY2008 | 10381-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 November 2008. After being informed of the recommendation for separation, you waived the right to present your case to an administrative discharge board. 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.
NAVY | BCNR | CY2008 | 04031-08
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. Your request was approved by the discharge authority, and you received a discharge under other than honorable conditions and a reentry code of RE-4 on 6 November 2003. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2011 | 00299-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 October 2011. Nevertheless, the Board found that these factors were not sufficient to warrant a change in your reentry code given the diagnosed depressive disorder. 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.
NAVY | BCNR | CY2008 | 04925-08
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. On 7 May 1991 a second special court-martial convened and found you guilty of unauthorized absences totaling 142 days. 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.
NAVY | BCNR | CY2006 | 08455-06
A three-member panel of the Board for Correction of Naval Records, sitting executive session, considered ~OUT application on 28 November 2007. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2007 | 09080-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 September 2008. In this regard, there is no evidence that you previously received a general discharge. 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.
NAVY | BCNR | CY2009 | 11345-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 2010. On 29 December 2008 you received an entry level separation by reason of fraudulent entry and were assigned a reentry code of RE-4. 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.
NAVY | BCNR | CY2008 | 07572-08
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. The Board concluded that it would not be in the interest of justice to assign you a more favorable reentry code. 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.
NAVY | BCNR | CY2009 | 11516-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 2010. You received the bad conduct discharge on 9 February 2005 and were assigned an RE-4 reentry code. 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.
NAVY | BCNR | CY2014 | NR1636 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 November 2014. 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...