DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9131-09
26 March 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 i552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 February 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 9 August 1989.
You received nonjudicial punishment on three occasions for
offenses that included an unauthorized absence, drunk driving,
and absence from appointed place of duty. On 15 July 1993 you
were not recommended for reenlistment or advancement to AN (E-3).
On the same date you were honorably released from active duty by
reason of general demobilization, reduction in authorized
strength and were assigned a reentry code of RE-4.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
record of service. The Board concluded that those factors were
insufficient to warrant a change in the reason for discharge,
given your disciplinary record,
Applicable regulations normally require the assignment of an RE-4
reentry code to individuals who are not recommended for
reenlistment. 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 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,
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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. However, the Board concluded that you were correctly assigned the RE-3K reentry code due to your request to be disenrolled from OCS.
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