DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ‘
WASHINGTON DC 20370-5100 CRS
Docket Ne: 5350-09
29 May 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 28 May 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you served on active duty in the Navy from
12 December 2006 to 30 April 2007, when you were separated by
reason of misconduct due to the commission of a serious offense,
with an entry level separation. You were assigned a reentry code
of RE-4, as required by governing directives.
As your present reentry code is correct, and you have noc
demonstrated that it would be in the interest of justice for the
Board to assign a more favorable code as an exception to policy,
there is no basis for granting your request. Accordingly, your
application has been denied, The names and votes of the members
of the panel will be furnished upon request.
The Board did not consider whether your reason for separation
shouid be changed, since you did not ask for such consideration
and you have not exhausted your administrative remedies by
applying to the Naval Discharge Review Board (NDRB}. You may
apply to NDR’ by submitting the attached DD Form 293.
Tk is regretted that the circumstances of your case are such that:
favorable action cannot ibe taken. You are entsiled to have the
Boara reconsider its decision upon submission of new and material
evidence or onner matter not previenwciy considered by thie soarcd.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to ail official records.
Consequentiy, 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,
\s ‘DEAN PFETF
Executive Dire
Enclosure
ho
Bo
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