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NAVY | BCNR | CY2010 | 02531-10
Original file (02531-10.pdf) Auto-classification: Denied
Sr
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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

‘

BUG
Docket No: 2531-10
17 November 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 1552.

You are advised that since your discharge is less than 15 years
old, you may apply to the Naval Discharge Review Board for an
upgrade. I have enclosed an application form for your
convenience.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 November 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. You entered active duty in the Navy on 12
June 2001. You received nonjudicial punishment on two
occasions for unauthorized absence (two specifications totaling
six days), failure to obey a lawful order, making a false
official statement, and being derelict in the performance of
your duties. You were notified that you were going to be
administratively separated due to a pattern of misconduct with
a general characterization of service. You waived all of

your procedural rights. You received the general discharge on
16 January 2004, and were assigned an RE-4 (not recommended for
reenlistment) reentry code.

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire to upgrade your reentry code. However, the
Board concluded that your reentry code should not be upgraded
due to your misconduct. In view of the above, 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,

Lusch

W. DEAN PRE R
Executive WQivector

 

 

Enclosure

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