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NAVY | BCNR | CY2006 | 09370-06
Original file (09370-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                                                                                            CRS
                                                                                          Docket No:9370 - 06
                                                                                          28 February 2008






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 21 February 2008. 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 served on active duty in the Navy from 28 May 1999 to 16 January 2000, when you were discharged by reason of misconduct, 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 ask for such consideration and you have not exhausted your administrative remedy by applying to the Naval Discharge Review Board (NDRB). You may apply to NDRB by submitting the attached DD Form 293.
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 PFEIFFER
Executive Director


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