DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 2562-10
16 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. Your previous case, docket
number 10581-07, was denied on 11 June 2008. You request that
your RE-4 (not recommended for retention) reentry code be
upgraded.
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, and the Board’s file on
your prior case. The Board also considered the report of the
Naval Discharge Review Board (NDRB) dated 4 February 2010, and
the character reference letters you submitted with your
application.
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 noted that the NDRB upgraded
your bad conduct discharge to an under other than honorable
characterization of service. The Board concluded that this
upgrade did not invalidate your RE-4 reentry code in light of
your unauthorized absences that totaled over one year. In
view of the above, the Board again voted to deny relief. 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
idemonstrate the existence of probable material error or
injustice.
Sincerely,
W. DEAN
Fl
Executive D
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