DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3364-09
22 March 2010
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 6 January 2010. 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 10 July 1996.
You received nonjudicial punishment on two occasions for offenses
that included failure to obey a lawful order, incurring debt, and
failure to pay debts. ,
On 17 July 2000 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. On 15 September 2000, you were
discharged under other than honorable conditions by reason of
misconduct/commission of a serious offense, and assigned a
reentry code of RE-4. Due to an administrative error, you were
issued a DD Form 214 which lists expiration of obligated service
as the reason for your separation. On 1 April 2004, the Navai
Discharge Review Board directed that the reason for your
discharge as shown on your DD Form 214 be changed to
misconduct/commission of a serious offense, and this Board later
upgraded your discharge to general.
Applicable regulations required the assignment of a
of RE-4 when a Sailor is being discharged by reason
reentry code
of
misconduct. In the absence of evidence which demonstrates that
your discharge by reason of misconduct is erroneous
there is no basis for any corrective action in your
Accordingly, your application has been denied. The
votes of the members of the panel will be furnished
It is regretted that the circumstances of your case
favorable action cannot be taken. You are entitled
or unjust,
case.
names and
upon request.
are such that
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,
ls Now Tead
W. DEAN PFHIF
Executive Dire r
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