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NAVY | BCNR | CY2008 | 04231-08
Original file (04231-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG

WASHINGTON DC 20370-5100 Docket No: 4231-08
21 January 2009

 

 

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 6 January 2009. 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.

You enlisted in the Navy on 22 July 1998 and reported to the
Naval Academy Preparatory School (NAPS). You were honorably
discharged on 13 November 1998 with a narrative reason for
separation for your failure to complete commissioning or warrant
officer program (NAPS). The Separation Program Designator (SPD)
code was KHD and you were assigned an RE-3K reenlistment code.

You are requesting a change in the RE-3K reenlistment code
because you are contemplating a career in Federal law enforcement
and/or obtaining a commission in the military.

As indicated in the enclosed pages from the regulations in effect
at the time of your service and in effect now, the only
authorized reenlistment codes when an SPD of KHD is used is RE-3K
or RE-3Q. Therefore, it is clear that you have been treated no
differently than other individuals who have failed to complete a
Navy commissioning program. This code may be waived and
enlistment authorized and is therefore not considered to be
derogatory.

Since you have been treated no differently than others in your
Situation, the Board could not find an error or injustice in the
assignment of the R#-3K reenlistment 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,

\ peas

W. DEAN PF
Executive DivteStor

Enclosure

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