DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 9368-09
12 November 2010
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 10 November 2010. 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 10 August 1992.
On 18 August 1993 you received nonjudicial punishment for absence
from appointed place of duty and failure to obey a lawful order.
On 6 December 1993 you were diagnosed as having a personality
disorder and on 9 December 1993 you received nonjudicial
punishment for absence from appointed place of duty. On 16
February 1994 you received a discharge under other than honorable
conditions by reason of misconduct due to the commission of a
serious offense and were assigned a reentry code of RE-4.
The Board carefully considered your contention to the effect that
your reentry code should be corrected because of your emotional
state during training at Nuclear Power School. 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 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,
Lindo
W
. DEAN PFE
Executive Di or
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