DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 11516-0909
26 August 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 28 July 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, reguiations
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 22 May 2001. On
14 November 2001 you received nonjudicial punishment for cheating
on an examination and wearing a tongue ring.
A special court-martial convened on 12 August 2003 and found you
guilty of carnal knowledge and committing indecent acts with two
females under 16 years of age. The court sentenced you to
confinement for 90 days, a forfeiture of $750.00 per month for
three months, reduction in pay grade, and a bad conduct
discharge. You received the bad conduct discharge on 9 February
2005 and were assigned an RE-4 reentry code.
Applicable regulations require the assignment of an RE-4 reentry
code when a Sailor receives a punitive discharge. Since the RE-4
reentry code was properiy assigned in your and as you have been
treated no differently than others in similar situations, there
is no basis for changing your reentry code. 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,
NAVY | BCNR | CY2009 | 01425-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 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 | 12950-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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 | 11817-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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 | 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 | CY2008 | 02079-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 November 2008. 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. 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 | 01576-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 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. Consequentiy, 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 | 07554-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 September 2010. 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. 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 | 01639-10
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 carefully considered your contention to the effect that your reentry code should be...
NAVY | BCNR | CY2001 | 08187-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 December 2001. 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. Applicable...
NAVY | BCNR | CY2010 | 04819-09
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...