DEPARTMENT OF THE NAVY
cer VA
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a BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
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REC
Docket No: 05168-10
17 February 2011
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 16 February 2011. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
1 May 2001, at age 21. On 8 March 2001, during your in-
processing paperwork, you documented the fact that you were not a
conscientious objector. On 24 February 2003, you were accepted
for the Seaman to Admiral (STA-21) program to obtain a
commission. On 6 June 2006, you accepted the oath as a Civil
Engineer Corps commissioned officer, to protect and defend the
constitution of the United States. On 22 December 2008, you
applied for classification as a “1-A-O conscientious objector.”
On 5 March 2009, your commanding officer recommended that you be
Classified as a conscientious objector and authorized to remain
in the service in a noncombatant status. On 8 May 2009, your
request was denied. On 19 May 2009 the separation authority
directed that administrative separation procedures be initiated.
On 28 May 2009, you were advised of your rights, and elected to
receive copies of documents to be forwarded to the separation
authority, but waived all your other procedural rights.
Subsequently, on 30 September 2009, you were discharged with an
honorable characterization of service by reason of being a
conscientious objector. At that time, you were assigned a
reentry code of RE-4.
In its review of your application, the Board considered all
mitigating factors, your overall service. However, the Board
found these factors were insufficient to warrant changing your
narrative reason for separation, or reentry code due to your
classification as a conscientious objector. Furthermore, the
Board found it interesting that you believed that you were a
conscientious objector during college, yet still accepted your
commission as a naval officer. The Board noted that applicable
regulations authorize tHe assignment of an RE-4 reentry code to
individuals who are separated due to being conscientious
objectors. The Board thus concluded that there is no error or
injustice in your reason for separation or RE-4 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,
W. DEAN PF
Executive
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