DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS .
Docket No: 6578-09.
22 October 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, gitting in executive session, considered your
application on 21 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 4 December 2002.
You received nonjudicial punishment on 10 September 2005 for use
of provoking words and assault consummated by a battery. You
absented yourself without authority on 14 January 2006 and
remained absent for 28 days.
On 1 March 2006 your commanding officer recommended that you be
separated from the Navy with a general discharge by reason of
misconduct due to the commission of a serious offense, After
review by the discharge authority, the recommendation for
separation was approved and on 2 March 2006 you received a
general discharge, and. assigned a reentry code of RE-4,
The Board carefully considered your unsubstantiated contention to
the effect that family problems caused your misconduct but found
it insufficient to warrant changing the reason for discharge.
The Board concluded that as the asgigqnment of a reentry code of
RE-4 is required when an individual is discharged by reason of
migconduct, 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,
wax
Executive D
a
NAVY | BCNR | CY2009 | 07962-09
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. 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 exemption to policy, there is no basis for granting your request. The Board did not consider whether your characterization...
NAVY | BCNR | CY2009 | 01360-09
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 concluded, however, that as the assignment of a reentry code of RE-4 is required when an individual is discharged by reason of misconduct, and as you have not demonstrated that ak would be in the interest of justice for the Board to grant an exception to that policy, there is no...
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 | CY2008 | 12234-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ‘application on 22 July 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 | CY2009 | 08471-09
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 your characterization of service or reason for separation should be changed, since you have not exhausted your administrative remedies by applying to the Naval Discharge Review Board (NDRB). Consequently, when applying for a correction of an official...
NAVY | BCNR | CY2009 | 00739-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 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. On 17 November 2003 your commanding officer recommended that you be separated from the Navy with a discharge under other than honorable conditions...
NAVY | BCNR | CY2009 | 04696-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 May 2009. The Board did Rot 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). Consequently, when applying for a correction of an official naval record, the burden...
NAVY | BCNR | CY2009 | 00306-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 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 | CY2009 | 06061-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 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 | CY2008 | 02458-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 2008. 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. You were assigned a reentry code of RE-4, On 3 November 1993 the Bureau of Naval Personnel informed your command that you did not qualify for...