DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8405-09
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 12 August 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicabie 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
recoré, 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 30 July 1998. A
Navy Report of Investigation dated 7 September 2007 establishes
that you left your child at home alone and went to work, used
provoking speeches and gestures toward security patrolmen, and
assaulted a patrolman.
On 4 October 2007 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
being informed of the recommendation for separation, you waived
the right to present your case to an administrative discharge
board. After review by the discharge authority, the
recommendation for separation was approved, and on 23 October
2007 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 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 ig 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 navai
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Executive - ef son
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