DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1405-09
26 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 21 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 12 August 1992.
You received five nonjudicial punishments for offenses that
included two periods of unauthorized absence, failure to obey a
lawful order, and absence from your appointed place of duty.
On 2 April 1996 an administrative discharge board 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. After review by the discharge
authority, the recommendation for separation was approved, and on
21 June 1996 you were separated with a discharge under other than
honorable conditions and assigned a reentry code of RE-4. On 17
November 1998 the Board upgraded your discharge to general.
The Board carefully considered your contention to the effect that
your reentry code should be corrected since your characterization
of service has been changed. The Board concluded, however, that
as the assignment of a reentry code of RE-4 1s 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,
Lo Won
W. DEAN PF
Executive Rirector
a
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