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NAVY | BCNR | CY2009 | 04070-09
Original file (04070-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

SIN ,
Docket No: 04070-09
11 March 2010

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of tatle 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 9 March 2010. 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 enlisted in the Navy and began a period of active duty on

23 October 1990 at age 18. You served for over two years without
incident until 6 September 1993, when you received nonjudicial
punishment for dereliction of duty. You received a forfeiture of
pay, restriction, and extra duty. On 22 October 1994, you were
honorably released from active duty and transferred to the Navy
Reserve. On 20 January 1999, you were discharged from the Navy
Reserve. At that time you were not recommended for reenlistment
and assigned an RE-4 reenlistment code.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall period
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in the reenlistment code. In
this regard, an RE-4 reenlistment code is required when an
individual is discharged at the expiration of his term of active
obligated service and is not recommended for reenlistment.
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,

> |
\a Yl
W. DEAN PPFERIAE
Executive Di

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