Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 04521-10
Original file (04521-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BJG
Docket No: 4521-10
31 January 2011

 

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 25 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

You entered active duty in the Navy on 23 October 2007. Your
record is incomplete, but it appears that while at recruit
training, you were arrested on two outstanding warrants which
you had failed to disclose during enlistment processing. You
were administratively processed for separation due to erroneous
entry for failure to disclose your entire criminal history. On
27 November 2007, you received an uncharacterized entry level

separation due to erroneous entry, and were assigned an RE-3E
(enlisted in error) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, current
desire to serve in the armed forces, and post service good
conduct. However, the Board concluded that your RE-3E reentry
code should not be changed due to your failure to disclose your
entire criminal history. You are advised that an RE-3E reentry
code is the most favorable code you could have been assigned

 

and may be waived by prior service recruiting personnel. You
are further advised that no reentry code is changed due merely
to the passage of time or post service good conduct. In view

of the above, your application has been denied. The names and
-votes of the members Of the panel will be furnished upon

2 request. é

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,

 

W. DEAN PFEIFFER
Executive Director

Similar Decisions

  • NAVY | BCNR | CY2011 | 00444-11

    Original file (00444-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 October 2011. This condition existed prior to your enlistment. 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.

  • NAVY | BCNR | CY2014 | NR4120 14

    Original file (NR4120 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 2015. 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. 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...

  • NAVY | BCNR | CY2010 | 03265-10

    Original file (03265-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 2010. 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. Consequentiy, when appiving for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2009 | 00601-09

    Original file (00601-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 January 2010. 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. ‘ Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2010 | 06117-10

    Original file (06117-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 2011. It noted that service members who are discharged within their first 180 days of service will receive an uncharacterized entry level separation unless exceptional circumstances of personal conduct or performance are present in their case, and then only upon the approval of the Secretary of the Navy acting on a case by case basis. Consequently,...

  • NAVY | BCNR | CY2010 | 05523-10

    Original file (05523-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 February 2011. However, the Board concluded that your RE-4 reentry code should not be changed due to your failure to disclose your psychiatric history and diagnosed personality disorder. 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.

  • NAVY | BCNR | CY2008 | 01503-08

    Original file (01503-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 October 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2011 | 05849 11

    Original file (05849 11.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 TAL Docket No: 5849-11 9 March 2012 From: Chairman, Board for Correction of Naval Records TO: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF ental eI C0 Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change of his narrative reason for...

  • NAVY | BCNR | CY2002 | 03570-02

    Original file (03570-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 September 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 18 October 2001, your separation was At that time, you were Since the Board found no evidence that RE-4 Regulations authorize the assignment of an RE-3E or reenlistment code to an individual separated by reason...

  • NAVY | BCNR | CY2008 | 10443-08

    Original file (10443-08.pdf) Auto-classification: Denied

    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 thus concluded that there is no error or “yy, injustice in your reentry code. 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.