DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
CRS
Docket No: 5209-09
19 January 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 2 December 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 che 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 15 November
1999, You received nonjudicial punishment on two occasions for
offenses that included an unauthorized absence and communicating
a threat. You were discharged by reason of misconduct on 22 .
December 2006 with a discharge under honorable conditions and
assigned a reentry code of RE-4. On 25 June 2009, the Naval
Discharge Review Board determined that your discharge was proper.
The Board did not accept your unsubstantiated contention to the
effect that you did not receive the separation and reentry codes
recommended by the administrative discharge board (ADB) which
considerea your case. Although the Board was unable to find the
record of the proceedings of the ADB, it considered your
contention insufficient to overcome the presumption of regularity
which attaches to official records.
Applicable regulations require the assignment of an RE-4 reentry
code when a Sailor is discharged by reason of misconduct. Since
you have been treated no differently than others in your
_gituation, the Board could not find an error or injustice in the
assignment of your reentry code. 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,
\y Quende
. DEAN PF
Executive tor
NAVY | BCNR | CY2008 | 07087-08
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 Naval Discharge Review Board denied your request for recharacterization of your service on 4 April 2008. 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 | CY2013 | NR8265 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 September 2014. 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 did not consider whether to upgrade your discharge or change the reason for separation because you did not request such action, and...
NAVY | BCNR | CY2008 | 03505-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 September 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 naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2007 | 07225-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 January 2008. 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 16 March 2004. Consequently, when applying for a correction of an official naval record, the burden is...
NAVY | BCNR | CY2010 | 10691-10
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 1 November-1993, your case was heard by an administrative discharge board (ADB), which voted three to zero in favor of an other than honorable (OTH) discharge due to misconduct. On 32 January 1994, the discharge authority directed an OTH discharge by reason of misconduct.
NAVY | BCNR | CY2010 | 10195-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 June 2011. Your commanding officer agreed with the ADB’s finding and recommendation, and on 4 March 2010, you were discharged with an OTH characterization of service due to misconduct {COSO) , and assigned an RE-4 (not recommended for retention) reentry code. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2013 | NR8798 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 September 2014. 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 naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR4388-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 July 2013. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this 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 | CY2013 | NR9464-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 2014. The Board also considered the report of the Naval Discharge Review Board (NDRB) dated 26 February - 2009, a copy of which is attached. The Board, in its review of your entire record, carefully considered all potentially mitigating factors, such as your youth, post service good conduct, current desire to remove your ~ NUP, and upgrade your...
NAVY | BCNR | CY2010 | 11372-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 July 2011. 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 13 April 2005, your case was forwarded and the discharge authority concurred with the ADB’s finding and recommendation, and directed that you be...