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NAVY | BCNR | CY2009 | 06227-09
Original file (06227-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

CRS

Docket No: 6227-09
18 June 2010

 

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 16 June 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
yecord, 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
27 January 2000 to 18 duly 2001, when you were discharged by
reason of misconduct due to the commission of a serious offense,
with a discharge under other than honorable conditions. You were
assigned a reentry code of RE-4, as required by governing
directives.

 

As your present reentry code 1s correct, and you have not
demonstrated that 4t 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 characterization of
service or reason for separation should be changed, since you did
not request such consideration and you have not exhausted your
administrative remedies by applying to the Naval Discharge Review
Board (NDRB). You may do by submitting the attached DD Form 293
to the NDRB.
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 4
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official neval
record, the burden is on the applicant to demonstrate the

 

 

Enclosure

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