SEPAWTMENT OF TRAE Ravy
BOARD PON CORRECTION OF NAVAL RECO:
2a NAVY ANNEX
WASHINGTON DG AOSYO-5 1 U0 |
CRS
Docket No: 7039-09
1 October 2009
nd
This is in reference to youx 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 Sesieien. considered your.
application. on 30. September. 2009... Your allegations of ertor. 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 BEGEURCRy 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 7
July 2003 to 21 October 2005, 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 is correct, and you have not
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 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 so by submitting the attached DD Form
293 to the NDRB.
It is regretted that the cireumstonces of your case ax: suc that
favorable actiow cannot be taken. You eve entitled to have the
Board xeconsider lis decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this reyard, it ig important to keep in mind that «a
presumption of cegularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden ig on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
DSDoan f
W. DEAN PRELTEHS \
Executive Dirk x
Enclosure
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