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NAVY | BCNR | CY2008 | 06090-08
Original file (06090-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

CRS
Docket No: 6090-08
2 October 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 10 September 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.

The Board found that you enlisted in the Navy on 30 July 1999.

On 10 March 2003 you received nonjudicial punishment for
committing an assault with a dangerous weapon. In your final
evaluation report, which covers the period 10 March to 28 June
2003, your commanding officer did not recommend you for retention
because of your commission of a serious offense and failure to
conform to applicable weight standards. You were honorably >

released from active Guty on 29 July 2003 and assigned a reentry
code of RE-4.

 

 

Applicable regulations normally require the assignment of an RE-4
reentry code to individuals who are not recommended for ;
retention. As your reentry code was properly assigned, and.as
you have not demonstrated that it would be in the interest of
justice for the Board to change it as an exception to policy, the
Board denied your request. The names and votes of the members of
the panel will be furnished upon request.

Concerning the issue of the restoration of your maiden name; you
should contact the Navy Personnel Command, Perg 312 in
Millington, TN.

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,

Ly Daas f
W. DEAN PFET
Executive bi tor

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