DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100
CRS
Docket No: 6384-09
5 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 an
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 June 1998.
You received four nonjudicial punishments for offenses that
included two periods of unauthorized absence, insubordination,
and absence from appointed place of duty.
On 16 December 1999 your commanding officer recommended that you
be separated from the Navy with a general discharge by reason of
misconduct due-to a pattern of misconduct. After review by the
discharge authority, the recommendation for separation was
approved and on 23 December 1999 you received a general
Gigcharge, and assigned a reentry code of RE-4.
The Board carefully considered your request to the effect that
you would like a second chance but found it insufficient to
warrant changing the reason for discharge.
The Board concluded that as the assianment of a reentry code of
RE-4 is 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,
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