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Decision Text

NAVY | BCNR | CY2008 | 11747-08
Original file (11747-08.pdf) Auto-classification: Denied
_23 September 1982 at age 26.

 

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX REC
WASHINGTON DG 20370-5100 Docket No: 11747-08
28 October 2009

 

tion for correction of your

This is-in reference to your applica
ons of Title 10 of the United

naval record pursuant to the provisi
States Code, section 1552.

A three-member panel of the Board for Correction of Naval
Records, gitting in executive session, considered your

application on 15 October 2009. Your allegations of error and

injustice were reviewed in accordance with administrative.

ures applicable to the proceedings of this

regulations and proced
Board. Documentary material considered by the Board consisted of
your application, together with alii 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 the evidence submitted was insufficient

to establish the existence of probable material error or
injustice. .

d began a period of active duty on

On 15 June 1993, you received
for failure to obey a lawful order,

nd communicating a threat. You
reduction in pay grade and 60

You enlisted in the Navy an

nonjudicial punishment. (NIP)
provoking speech or gestures a
received a forfeiture of $1,000,

days of restriction.

On 22° January 1986, you were Gischarged from active duty while
serving in paygrade E-3 and were not recommended for reenlistment
due to substandard behavior. At that time, you were assigned an
RE-4 reenlistment code. The Board found that you had reached

service limitations for pay grade E-3.

 

the Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as overall record of
service. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in the reenlistment code,
which was based on your disciplinary record, substandard
behavior, and failure to meet professional growth eviteria, In
this regard, an RE-4. reenlistment: code is required when an
‘ndividual is discharged at the expiration of his term of active

obligated service and

ia not recommerded Lor retention.
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,

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