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NAVY | BCNR | CY2008 | 04182-08
Original file (04182-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 04182-08
13 August 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 8 May 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 were discharged from the Navy on 28
Marcy 2007, when you were discharged by reason of a condition,
not a disability, which interfered with your performance of
duty, and assigned a reentry code of RE-3G, to indicate that you
require a waiver in order to become eligible for reenlistment.

As you were assigned the most favorable reentry code authorized
for a Sailor discharged by reason of a condition, not a
disability, and as 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, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.

If you wish to contest the basis for your separation, you may
apply to NDRB by submitting the enclosed DD Form 293. If you
are unsatisfied with the results of the NDRB review, you may
reapply to the Board for Correction of Naval Records.

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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