DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 6353-08
14 October 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 8 October 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 17 November
1994. You received three nonjudicial punishments and were
convicted by a summary court-martial. Your offenses included an
unauthorized absence, altering an identification card, drunk and
disorderly conduct, leaving your appointed place of duty without
authorization, breach of the peace, and use of provoking words.
On 6 July 1998 your commanding officer advised you of his intent
to recommend that you be separated from the Navy with a discharge
under other than honorable conditions by reason of misconduct due
to a commission of a serious offense. 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 you were discharged by reason of misconduct, on 28
August 1998 with a discharge under other than honorable
conditions. You were 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 were not
afforded the right to elect an administrative discharge board and
the notification procedures used in your case called for a
general discharge. The Board found that you waived your rights
to an administrative discharge board. It noted that the
assignment of a reentry code of RE-4 is required when an
individual is discharged by reason of misconduct. 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 PFE
Executive Dixkecko
NAVY | BCNR | CY2008 | 11215-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 December 2008. 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. 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 | CY2009 | 01940-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 November 2009.. When informed of that recommendation, 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 | CY2007 | 05231-07
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.You enlisted in the Navy on 22 July 1998 at age 19. It also appears that when notified of this...
NAVY | BCNR | CY2009 | 08405-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 August 2009. 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. Consequently, when applying for a correction of an official navai record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2007 | 10116-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 June 2008. 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. 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 | CY2008 | 04482-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 July 2008. 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. 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 | 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 | 09727-08
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 found that a reentry code of RE-4 may be assigned to Sailors discharged by reason of erroneous entry. 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 | 08175-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 February 2008. 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. Consequently, when applying for a correction of an official naval record,...
NAVY | BCNR | CY2008 | 07570-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 October 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...