PEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECOGRS
2 NAVY ANNEX Docket No: 5035-09
WASHINGTO Cc o3870-51
NDC 2 S100 8 «June 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title i0 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 3 June 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 served on active duty in the Navy from 7
November 2001 to 21 May 2004, when you were discharged under
other than honorable conditions pursuant to your request for
discharge for the good of the service in lieu of trial by court-
Martial for a period of unauthorized absence of 215 days. You
were assigned a reentry code of RE~4, as required by governing
directives.
As your present reentry code is correct, and you have not
demonstrated that it would be in the interest of justice for the
Board to assign a more favorable code as an exception to policy,
there is no basis for granting your request. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
The Board did not consider whether your characterization of
service or reason for separation should be changed, since you did
not ask for such consideration and you have not exhausted your
administrative remedies by applying to the Naval Discharge Review
Board (NDRB) by submitting the attached DD Form 293.
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,
Ls VaaS
DEAN PFEI
Fxecutive Dir
‘Enclosure
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