DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7651-09
24 August 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 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 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 macerial
error or injustice.
The Board found that you enlisted in the Navy on 7 July 1997. On
17 December 2004 you received nonjudicial punishment for an
indecent assault on a deployed shipmate‘s wife.
On 1 March 2005 your commanding officer recommended that you be
separated with a discharge under other than honorable conditions
by reason of misconduct due to the commission of a serious
offense, After being informed of the recommendation, you elected
to waive the right to present your case to an administrative .
discharge board. After review by the discharge authority, the
recommendation for separation was approved and you were
discharged on 10 March 2005 with a discharge under other than
honorable conditions, 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 served
honorably from 7 July 1997 to 5 July 2001. 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 it would be in
the interest of justice for the Board to grant an exception to
that policy, 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
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep jin 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,
\ Non:
W. DEAN PFE
Executive Di or
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