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NAVY | BCNR | CY2010 | 06559-10
Original file (06559-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

REC
Docket No: 06559-10
23 March 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 23 March 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 enlisted in the Navy and began a period of active duty on

20 April 1992, at age 20. On 30 January 1997, you received
nonjudicial punishment (NJP) for fraud against the government,
and making a false official statement. On 26 May 1998, you
received NUP for being in an unauthorized absence (UA) status for
five days. You were counseled and informed that you would
receive a reentry code of RE-4 upon your separation as you were
not recommended for retention. On 12 November 1999, you were
discharged from active duty with an honorable characterization of
service while serving in pay grade E-4 and not recommended for
reenlistment due to substandard behavior. At that time, you were
assigned an RE-4 reentry code.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in the
reentry code, given your record of two NUJP’s, and the fact that
you were not recommended for retention. In this regard, an RE-4
reentry code is required when an individual is discharged at the
expiration of his term of active obligated service and is not
recommended for retention. 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.

Sincerely,

Wo Penk

W. DEAN PF F
Executive DtiyYettor

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