DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 1360-09
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 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 30 May 2900. On
29 October 2002 you were convicted by a summary court-martial of
an unauthorized absence of 192 days. The court sentenced you to
confinement for 25 days.
On 13 February 2003 your commanding officer recommended that you
be separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to the
commission of a serious offense, i.e@., the 192 day period of
unauthorized absence, 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
7 March 2003 you were separated with a discharge under other than
honorable conditions 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 you absented
yourself without authority in order to be with your dying mother.
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 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,
- ~~
\iyeanfPAs
W. DEAN PFEILYFE
Executive Direcredr
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