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NAVY | BCNR | CY1999 | 05422-09
Original file (05422-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 5422-09
14 April 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 13 April 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 entered active
duty in the Navy on 29 August 1986. You were honorably
released from active on 28 August 1991 and transferred to the
Navy Reserve to participate in the Officer Training Corps
program. You were assigned an RE-2 reenlistment code, because
at that time, you were ineligible for reenlistment.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your desire to
reenlist in the Armed Forces. However, the Board concluded
that your RE-2 reenlistment code should not be changed because
it was correctly assigned and is not stigmatizing. You are
advised that this is a waivable code and should not restrict
you from reenlisting. In view of the above, 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,

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