DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 11730-09
6 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
tates Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 August 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 injusbice..
The Board found that you enlisted in the Navy on 7 June 2000.
You received nonjudicial punishment on three occasions for
offenses that included seven periods of unauthorized absence. On
16 April 2003 you received a discharge under other than honorable
conditions by reason of misconduct due to a pattern of
Misconduct, and were assigned a reentry code of RE-4.
In its review of your application the Board carefully wei yhed
all potentially mitigating factors, such as your youth and
overall service record. The Board concluded that those factors
were insufficient to warrant recharacterization of your
discharge, given the numerous incidents of misconduct for which
you were discharged.
Applicable regulations require the assignment of an RE-4 reentry
code when an individual is discharged by reason of misconduct.
Since you have been treated no differently than others in your
Situation the Board could not find an error or injustice in the
assignment of 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,
Ww. Noe bP
Executive
Copy to: The American Legion
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