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NAVY | BCNR | CY2007 | 02467-07
Original file (02467-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

TRG

WASHINGTON DC 20370-5100 Docket No: 2467-07
8 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 5 February 2008. Your allegations of error and
injustice were reviewed in accord

regulations and procedures applic
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.

You enlisted in the Naval Reserve on 22 September 1997 at age 19
and reported for active duty that same day. You then served

Based on the foregoing record, you were processed for an
administrative discharge by reason of misconduct due to
commission of a serious offense. In connection with this
processing, you elected to waive the right to have your case
heard by an administrative discharge board. After review, the
Since you have been treated no differently than others discharged
for that reason, the Board could not find an error or injustice
in the assignment of the RE-4 reenlistment code.

Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.

The Board is prohibited by law from reviewing a discharge or
reason for discharge in cases such as yours unless they have
first been reviewed by the Naval Discharge Reserve Board (NDRB)
or 15 years has passed since the discharged was issued.
Therefore, if you desire to pursue this matter, you should
complete the enclosed application and send it to the NDRB.

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. a PF

Executive Di to

Enclosure

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