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NAVY | BCNR | CY2008 | 04925-08
Original file (04925-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

CRS
Docket No: 4925-08

2 July 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 2 July 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 enlisted in the Navy Reserve on 10
August 1989. You received two nonjudicial punishments and were

convicted by a special court-martial. Your offenses included
unauthorized absences totaling 49 days, absence from appointed
place of duty, simple assault, and missing movement through
design. On 27 March 1991 you were convicted by civil authorities
of theft. The court sentenced you to confinement for 38 days.

On 7 May 1991 a second special court-martial convened and found
you guilty of unauthorized absences totaling 142 days. The court
sentenced you to confinement for six months, forfeiture of $502
per month for six months, and a bad conduct discharge and were

assigned an RE-4 reentry code.

 

your Situation, the Board could not find an error or injustice in

the assignment of your reentry 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,

ls Daas
We HAN PFEITIRFE

Executive Direc

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