DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100 .
CRS |
Docket No: 1342-069
24 August 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 12 August 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 ali material submitted in support
thereof, your naval record and applicable statutes, reguiations
and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence cf probable material
error or injustice.
The Board found that you enlisted in the Navy on 24 November
1993. You received three nonjudicial punishments for offenses
that included absence from appointed place of duty, failure to
Obey a lawful order, insubordination, and destruction of
government property.
On 24 July 1996 your commanding officer recommended that you be
separated from the Navy with an honorable discharge by reason of
misconduct Gdue to a pattern of misconduct. 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 on 13 August 19396 you were separated
with an honorable discharge and assigned a reentry code of RE-4.
The Board carefully considered your contention to the effect that
your reentry code should be corrected because it does not
properly reflect an honorable discharge. The Board concluded,
however, that as the assignment of a reentry code of RE-4 is
required when an individual is discharged by reason of
Misconduct, and as you have not demonstrated that it would be in
Lhe interest of justice for the Board to grant an exception to
that policy, 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,
W. DEAN PFS
Executive Dilreciar
NAVY | BCNR | CY2009 | 05919-09
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. Applicable regulations require the assignment of an RE-4 reentry code when an individual is discharged by reason of misconduct. 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...
NAVY | BCNR | CY2008 | 12182-08
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 concluded, however, that as the assignment of a reentry code of RE-4 is required when an individual is discharged by reason of misconduct, there is no basis for any corrective action in your case. Consequently, when applying for a correction of an official naval record, the burden...
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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 concluded, however, that as the assignment of a reentry code of RE-4 is required when an individual is discharged by reason of misconduct, and as you have not demonstrated that ak would be in the interest of justice for the Board to grant an exception to that policy, there is no...
NAVY | BCNR | CY2009 | 07651-09
A three-member panel of the Board for Correction of Naval Records, ‘sitting in executive session, considered your application on 29 July 2009. . The Board concluded, however, that as the assignment of a reentry code of RE-4 is required when an individual is discharged by reason of misconduct, and as you have not demonstrated that it would be in the interest of justice for the Board to grant an exception to that policy, there is no basis for any corrective action in your case. consequently,...
NAVY | BCNR | CY2014 | NR632 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 June 2014. 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. 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...
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 | 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 | CY2008 | 07900-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 2009. The Board noted that while a reentry code of RE-3P may be assigned when a Marine is discharged for such condition as obesity and motions sickness, as you allege, it is also assigned when a Marine is discharged by reason of physical disability. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...
NAVY | BCNR | CY2011 | 00236-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 2011. The Board thus concluded that there is no error or injustice in your reason for separation or RE-4 reentry code. 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 | CY2009 | 08425-09
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. On 25 September 2002 your commanding officer recommended that you be separated from the Navy with a discharge under other than honorable conditions...