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NAVY | BCNR | CY2009 | 06748-09
Original file (06748-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100 |
CRS

Pocket No: 6748-09
3 August 2009

 

This is in reference Lo your application for correction of your
naval record pursuant to the provisions of titie 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 8 July 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
snsufficient to establish the existence of probable material
error or injustice.

The Board found that you enlisted in the Navy Reserve on 6
November 1996 and entered on extended active duty. You were
advanced to DT3, E-4, on 26 September 2001. You received
nonjudicial punishment on 10 December 2002 for an unspecified
offense, On 5 January 2003 you were honorably released from
active duty and were assigned a reentry code of RE-4. You
completed 6 years and 2 months active service.

 

Applicable regulations authorize the assignment of an RE-4

reentry code to individuals such as you who are released from
active duty at the expiration of their period of obligated
service and are not eligible or recommended for reenlistment.
Among the likely reasons you were not recommended for
reenlistment are your grade and the nonjudicial punishment you
received shortly before you were released from active duty. The
Board thus concluded that there is no error or injustice in your
reentry code. Accordingly, your application has been denied.

The names and votes of the members of the panel will be furnished

upen 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 efficial naval
record, the burden is on the applicant to demonstrate the
existence of probabie material error or injustice.

Sincerely,

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