DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |
CRS
Docket No: 7061-09
29 September 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 23 September 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 14 August 2003.
On 13 January 2004 you received nonjudicial punishment for
failure to obey a lawful order.
On 22 January 2004 your commanding officer directed that you be
separated from the Navy with an entry level separation by reason
of misconduct due to the commission of a serious offense. On 29
January 2004 you were discharged with an entry level separation,
and assigned a reentry code of RE-4.
The Board carefully considered your contention to the effect that
your reentry code should be corrected because you made a mistake.
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, 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 ackion 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
xecord, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
La Daan
W. DEAN PF
Executive Di
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