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NAVY | BCNR | CY2010 | 03265-10
Original file (03265-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

CRS
Docket No: 3265-10
6 July 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. .

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 June 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 19 November 2007
without disclosing a prior civilian arrest for sexual imposition.
On 31 July 2009, you were honorably discharged by reason of

erroneous entry and assigned a reentry code of RE-3E.

 

 

 

A reentry code of RE-3E is the most favorable code authorized by
regulatory guidance for individuals discharged due to erroneous
entry. 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.

Concerning your request to waive the debt you currently have with
the Defense Finance and Accounting Service (DFAS), the Board is
unable to take action since you have provided no evidence to show
that you have exhausted your administrative remedies by filing an
appeal with DFAS and being denied relief. Accordingly, until you
have exhausted this administrative Semecy no further action can
be taken on this issue.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Boar@ 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.
Consequentiy, when appiving 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,
W. DEAN oh I
Executive Di r

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