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NAVY | BCNR | CY2008 | 08722-08
Original file (08722-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

BUG
Docket No: 8722-08

10 June 2009

 

Dear #&

 

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 June. 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 entered active
duty in the Navy on 2 March 1986. You received one nonjudicial
punishment for drunk and disorderly conduct. On 18 July 1986,

- you were counseled regarding an 18 day period of unauthorized

absence and warned that further misconduct could result ina
less than honorable discharge. On 17 November 1989, your
ordnance certification was revoked. On 5 January 1990, you
were counseled regarding your failure to report unsecured
erdnance. On 18 April 1990, your recommendation for

advancement to second class petty officer was withdrawn due to

your failure to demonstrate rating knowledge and
professionalism. At this time, you also received an adverse
performance evaluation. On 4 September 1990, you received your
second adverse performance evaluation. On 5 September 1990,
you were released from active duty and were given an honorable
discharge at the end of your obligated service, and were
assigned an RE-4 reenlistment code. On 23 July 1993, you were

honorably discharged from the Naval Reserve and were
recommended for reenlistment.

The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth and
honorable discharge. Nevertheless, the Board concluded that
these factors were not sufficient to warrant recharacterization
of your reenlistment code due to your misconduct and poor
performance. 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,

W. DEAN PFE

Executive D or

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