DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 440-09
23 October 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 15 October 2009. 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 2 April 2007.
You received nonjudicial punishment and were convicted by a
summary court-martial for offenses that included destruction of
government property, use of provoking words or gestures, and
assault.
On 8 June 2007 your commanding officer directed that you be
separated from the Navy with an entry level separation by reason
of misconduct due to the commission of a serious offense. On 14
June 2007 you were discharged with an entry level separation, and .
assigned a reentry code of RE-4.
The Board carefully your contention to the effect that the facts
and testimony of your summary court-martial were inaccurately
recorded and found it to be unsubstantiated. The Board concluded
that as the assignment of a reentry code of RE-4 ig required when
an individual is discharged by reason of misconduct, there is no
basis for any corrective action in your case. 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,
Executive Dir
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