DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DC 20370-5100
Docket No: 2160-08
14 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 4 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.
You enlisted in the Navy on 14 June 1988. You then served in an
excellent manner for almost five years. On 12 March 1993 you
reenlisted for four years. Although the separation processing
documentation is not filed in your record, it appears that
sometime in 1994 you decided that you were a conscientious
objector and wanted to be discharged. Your performance
evaluation for the period ending 21 September 1994 contains
adverse comments concerning your conduct and performance of duty
and you were not recommended for promotion or retention in the
Navy. You were honorably discharged on 21 November 1994 with a
narrative reason for separation of conscientious objector. At
that time, you were not recommended for reenlistment and were
assigned an RE-4 reenlistment code.
Although the separation processing documentation is unavailable,
the Board believed that you would not have been discharged
because you were a conscientious objector unless you had
convinced the command that your beliefs were valid and had
otherwise participated in the process. Therefore, the Board
concluded that you were properly discharged from the Navy and a
change in the reason for your discharge was not warranted.
Concerning your request for a change in the reenlistment code,
the Board was aware that an RE-4 reenlisted code is the only
authorized code when an individual is discharged because they are
a conscientious objector. Further, your final performance
evaluation is adverse and you were not recommended for retention
which also requires the assignment of an RE-4 reenlistment code.
Therefore, the Board concluded that a change in the reenlistment
code is not warranted.
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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