DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7105-09
5 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, sitting in executive session, considered your
application on 30 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 27 December _
2000. On 18 March 2003 you were convicted by civil authorities
of reckless burning in the first degree. The court sentenced you
to confinement for five days, community supervision for 12
months, a fine of $500.00, and restitution of $76,516.00.
On 14 May 2003 an administrative discharge board recommended that
you be separated from the Navy with a general discharge by reason
of misconduct due to a civil conviction. After review by the
discharge authority, the recommendation for separation was
approved, and on 19 June 2003 you were separated with a general
discharge, 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 a4 mistake.
The Board coiucluded, 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 cage. Accordingly, your application has been denied,
The names and votes of the members cr the panel will be btornished
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,
Nr
W. DEAN P
Executive
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 | 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 | 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 | CY2009 | 02884-09
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record ana applicable statutes, regulations and policies. The Board did not consider whether your reason for separation should be changed, since you @id not request 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...
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 | 07636-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 July 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...
NAVY | BCNR | CY2009 | 07061-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 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. 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...
NAVY | BCNR | CY2009 | 01927-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 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 | 11532-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 February 2009. 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. official records.
NAVY | BCNR | CY2009 | 00440-09
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. 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 concluded that as the assignment of a reentry code of RE-4 ig required when an...