DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SON
Docket No: 09551-10
20 January 2011
“Sli cee
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 19 January 2011. The names and votes of the
members of the panel will be furnished upon request.
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
8 October 1996. The Board found that on 20 September 1999, you
received nonjudicial punishment (NJP) for dereliction of duty by
giving syringes and needles to a patient for the purpose of using
steroids, giving medical advice, and larceny. You received a
forfeiture of pay, a reduction in paygrade, and extra duty. You
remained on active duty until you were honorably released at the
completion of your obligated service on 7 October 2004. At that
time you were assigned an RE-4 reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, record of service, and desire to change your reentry
code. Nevertheless, the Board concluded these factors were not
sufficient to warrant such a change of your RE-4 reentry code
given your NJP for serious offenses, and the fact that you were
very fortunate to be have been given the opportunity to remain on
active duty to be able to earn an honorable characterization of
service. In this regard, you were assigned the appropriate
reentry code based on your circumstances and overall record.
Accordingly, your application has been denied.
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,
La oa
Executive Di
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