DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3559-10
1 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 September 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 Reserve on 20 June
1984. On 27 July 1990 you received nonjudicial punishment for
falsely obtaining phone services. On 11 April 1991 you were
turned over to civil authorities for charges of sexual assault,
robbery, and kidnapping. There is no adjudication of these
charges in your record nor have you provided any, although you
contend that you were wrongly accused of these crimes. On 19
September 1991 you were honorably released from active duty by
reason of expiration of active obligated service and assigned a
RE-4 reentry code.
In its review of your application, the Board carefully considered
your contention that you were innocent of the above-named
offenses and you are now serving in the Army National Guard. In
addition, the Board was not persuaded that the separation code
shown on your DD Form 214 ig erroneous. It found those factors
insufficient to warrant corrective action in your case.
Accordingly, 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.
et
,
Sincerely,
W. DEAN PFE
Executive D
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