DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX -
WASHINGTON DC 20370-5100
CRS
Docket No: 9382-08
21 January 2009
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 3 December 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 16 August 1999.
You received at least one nonjudicial punishment for an
unauthorized absence and failure to obey a lawful order.
Although the discharge processing documents are not in your
record, it appears that your commanding officer recommended that
you be separated with a general discharge by reason of misconduct
due to a pattern of misconduct. On 18 December 2000, you were
separated from the Navy with a general discharge by reason of
misconduct and were assigned a reentry code of RE-4.
Applicable regulations require the assignment of an RE-4 reentry
when a Sailor is discharged by reason of misconduct. 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.
Tt 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
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