DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |
CRS
Docket No: 12203-09
A December 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.
AR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 December 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
13 April 2005 to 19 December 2006, when you were discharged by
reason of misconduct due to the commission of a serious offense
with a general discharge. 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, 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 -
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 circumstances of your case are such that
a
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,
Enclosure
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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. of justice for the Board to assign a more favorable code, there is no basis for granting your request. 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.
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