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NAVY | BCNR | CY2010 | 01533-10
Original file (01533-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

TUJR
Docket No: 1533-10
20 October 2010

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 13 October 2010. The names and votes of the
members of the panel will be furnished upon request.

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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.

You enlisted in the Navy on 22 June 1992 at age 18 and began a
period of active duty on 19 November 1992. Although your record
is incomplete, it appears that in October 1994 you were processed
for an administrative separation by reason of misconduct due to a
pattern of misconduct. As such, on 7 October 1994, you were
issued a general discharge by reason of misconduct and were
assigned an RE-4 reenlistment code.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code so that
you may enlist in another branch of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant a
change in your reenlistment code because of your misconduct which
presumably resulted disciplinary incidents and nonrecommendation
for retention or reenlistment. Further, the Board concluded that
your misconduct, even though it is not reflected in the record,
was sufficient to support the assignment of an RE-4 reenlistment
code, which is authorized and required by regulatory guidance.
Accordingly, your application has been denied.

The Board suggested that you may wish to apply for a waiver of
au RE-4 reenlistment ‘code with branches of the armed forces
O

ther. than the Navy.

¥t 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,

‘prt

W. DEAN P
Executive Cc

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