DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8804-08
12 December. 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 C¢
A three-
Records,
applicati
injustic
regulati
Board.
your app
thereof,
and poli
de section 1552.
ember panel of the Board for Correction of Naval
sitting in executive session, considered your
on on 10 December 2008. Your allegations of error and
were reviewed in accordance with administrative
ns and procedures applicable to the proceedings of this
ocumentary material considered by the Board consisted of
lication, together with all material submitted in support
your naval record and applicable statutes, regulations
cies.
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 served on active duty in the Navy from 8
January 2007 to 7 May 2008, when you were discharged by reason of
misconduct due to the commission of a serious offense, with a
general |discharge. You were assigned a reentry code of RE-4, as
required by governing directives.
As your present reentry code is correct, and you have not
demonstrated that it would be in the interest of justice for the
Board to assign a more favorable code as an exception to policy,
there is no basis for granting your request. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
The Board did not consider whether your characterization of
service or reason for separation should be changed, since you
have not exhausted your administrative remedies by applying to
the Naval Discharge Review Board (NDRB). You may do so by
submitting the attached DD Form 293 to the NDRB.
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 ii] Ustiec.
Sincerely, \
Dwar
W. DEAN PREI
Executive} Nikeyto
Enclosure
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