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NAVY | BCNR | CY2009 | 02707-09
Original file (02707-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5106

 

BAN
Docket No: 2707-09
29 December 2009

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 15 December 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.

You had a prior enlistment in the Navy from 1982 to 1986, in
which you received an honorable discharge. You reenlisted on 23
June 1986, and served without disciplinary incident. However, on
10 April 1992, at the end of your obligated service, you were not
recommended for reenlistment. In addition, you signed your DD
Form 214, which indicated that you were receiving an honorable
discharge and an RE-4 reenlistment code and you did not dispute
the issue then.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and favorable evaluations from your
last period of service. Nevertheless, the Board concluded these .
factors were not sufficient to warrant a change to your .
reenlistment 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 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,

Fen W, DEAN “PFEIFFER
Executive Director

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