DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 699-09
20 January 2010
This is in reference to your request for reconsideration of your
application for correction of your record to show that you were
transferred to the Fleet Reserve in grade E-6, vice discharged,
and your new request for correction of your reentry code of RE-4.
A three-member panel of the Board for Correction of Naval Records
sitting in executive session on 9 December 2009 determined that
you had not submitted any new material evidence or other matter
in support of your request for further consideration of your
original application and, therefore, that further consideration
of that application was not warranted.
The panel considered your request for correction of your RE code
on the same date and after careful and conscientious
consideration of the entire record, found that the evidence
submitted was insufficient to establish the existence of probable
material error or injustice.
The Board noted that the assignment of a reentry code of RE-4 is
mandatory when a Sailor against whom a charge of child abuse has
been substantiated is discharged prior to the completion of
administrative separation processing, as occurred in your case.
The Board. concluded that as your RE code was assigned properly,
and no other code is authorized, there is no basis for granting
your request for corrective action. 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
Roard 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,
Executive Di
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