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NAVY | BCNR | CY2010 | 07704-10
Original file (07704-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

SIN
Docket No: 07704-10
27 April 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 21 May 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 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

21 August 2002. The Board found that you received nonjudicial
punishment (NUP) for disobedience and making a false official
statement. You received a reduction in paygrade. You remained
on active duty until 20 August 2006 when you were released under
honorable conditions at the expiration of your enlistment and
transferred to the Navy Reserve. At that time, you were not
recommended for retention or advancement and were assigned an
RE-4 reenlistment code. On 25 February 2010, you received an
honorable discharge at the completion of your military
obligation. At that time you were assigned an RE-4 reenlistment
code.

 

 

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and the reason you were not permitted to reenlist.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in the reenlistment code. In this
regard, an RE-4 reenlistment code is required when a Sailor is
discharged at the completion 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 4
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 Draw

W. DEAN PFET
Executive Ditéc

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