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NAVY | BCNR | CY2008 | 11532-08
Original file (11532-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

Docket No: 11532-08
24 March 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 19 February 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 17 September
2002. On 3 December 2003 you received nonjudicial punishment for
insubordination, failure to obey a lawful order, making false
official statements, writing worthless checks, and failure to pay
just debts. On 24 March 2004 you received a general discharge by
reason of misconduct, and were assigned a reentry code of RE-4.

 

 

Applicable regulations require the assignment of an RE-4 reentry
code when a Sailor is discharged by reason of misconduct. 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 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 pon submission of new and materia.
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that 2
presumption of regularity attaches to all. official records.
Consequently, when. applying for a correction of an official navi!
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely,

\Sputan

W. DEAN PF
Executive Di

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