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NAVY | BCNR | CY2010 | 04171-10
Original file (04171-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No: 04171-10
14 January 2011

 

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 January 2011. 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 had prior naval service from 1997 to 2001, received an
honorable discharge and were recommended for reenlistment. You
reenlisted in 2001, and served without disciplinary incident.
However, upon expiration of your obligated service (EAOS), you
were not recommended for reenlistment due to your anger
Management issues. Despite extensive counseling and stress and
anger management seminars, your temperament and conduct were
incompatible with naval service. Therefore, you were separated
at the end of your EAOS with an honorable discharge and an RE-4
(not recommended for retention) reentry code.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, awards, and evaluations.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change to your reentry code due to your
anger management issues. Furthermore, the Board noted that on
your separation evaluation you stated that you intended to submit
a statement regarding your adverse evaluation, but failed to do
so. 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 js on the applicant to demonstrate the
‘existence of probable material error or injustice.

¥

Sincerely,

LyQean
W. DEAN PFEI
Fxeecutive Di t

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