DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100
CRS
Docket No: 10485-09
26 February 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 25 February 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 you served on active duty in thé Navy from 14 May
2001 to 30 September 2003, when you were discharged by reason of
misconduct due to the commission of a serious offense, with a
discharge under other than honorable conditions. You were
assigned a reentry code of RE-4, as required by governing -
directives.
As your present reentry code is correct, and you have not
demonstrated that it would be in the interest of justice for the
Board to assign a more favorable code as an exception to policy,
there is no basis for granting your request. Accordingly, your
application has been denied. . The names and votes of the members
of the panel will be furnished upon request.
The Board did not consider whether your characterization of
service or reason for separation should be changed, since you did
not request such consideration and you have not exhausted your
administrative remedies by applying to the Naval Discharge Review
Board (NDRB}. You may do so by submitting the attached DD Form
293 to the NDRB.
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,
ROBERT D\ZSALMAN
Acting Executive Director
Enclosure
NAVY | BCNR | CY2009 | 04431-09
Documentary material considered by the Board consisted of your application, together with ali material submitted in support thereof, your naval record and applicable statutes, reculations and policies. The Board did not consider whether your characterization of service or reason for separation should be changed, since you did mot request such consideration and you have not exhausted your administrative remedies by applying to the Naval Discharge Review Board (NDRB). Consequently, when...
NAVY | BCNR | CY2009 | 04580-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your . 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 material error or injustice.
NAVY | BCNR | CY2010 | 01081-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 February 2010. 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 | CY2010 | 06640-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 July 2010. 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 | CY2010 | 07180-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 2010. The Board did not consider whether your characterization of service or reason for separation should be changed, since you have not exhausted an available remedy by applying to the Naval Discharge Review Board (NDRB). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
NAVY | BCNR | CY2009 | 12633-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 September 2010. 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 | CY2012 | 00427-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 February 2012. Since your discharge is less than 15 years old, you may apply to the Naval Discharge Review Board (NDRB) for a possible upgrade. 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.
NAVY | BCNR | CY2009 | 04263-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record anc applicable statutes, regulations. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2009 | 03171-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 January 2010. 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 | 06092-09
-A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 April 2010. 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 record, the burden is on the applicant to demonstrate the existence of probable material...