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NAVY | BCNR | CY2009 | 06303-09
Original file (06303-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

CRS
Docket No: 6303-09
23 November 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 28 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 18 September
1997. On an unknown date you submitted a written request for
discharge for the good of the service in lieu of trial by court-
Martial for an unauthorized absence of 341 days. Prior to
submitting this request you conferred with a qualified military
lawyer who advised you of your rights and warned of the probable
adverse consequences of receiving a discharge under other than
honorable conditions. Your request was approved by the discharge
authority and you received a discharge under other than honorable
conditions on 14 January 2000. You were assigned a reentry code
of RE-4.

Applicable regulations require the assignment of an RE-4 reentry
code when an individual is discharged for the good of the service
in lieu of trial by court-martial. Since you have been treated
no differently than others in your situation, 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,

Lo eae

“W. DEAN PFE
Executive Di

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