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NAVY | BCNR | CY2009 | 01515-09
Original file (01515-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC. 20370-5100

 

SMS .
Docket No: 1515-09
23 April 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

22 April 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. In addition, the
Board considered the memorandum furnished by Headquarters Marine
Corps, a copy of which is attached.

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. In
this regard, the Board substantially concurred with the comments
contained in the memorandum. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.

The Board notes that an RE-3P reenlistment code is not derogatory and
may be considered for a waiver by any branch of the armed forces.
Furthermore, the Board did not consider whether your reason for
separation should be changed since you have not exhausted your
administrative remedy. You may submit the attached Application for
the Review of Discharge or Dismissal from the Armed Forces of the
United States (DD Form 293) to the Naval Discharge Review Board, for
such consideration.

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,

Ls

W. DEAN PFEIVWF
Executive Dikac

Enclosures

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