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NAVY | BCNR | CY2010 | 09680-10
Original file (09680-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 9680-10
7 June 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 7 June 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 enlisted in the Navy and entered active duty on 19 August
1992. Your record is incomplete, but while at recruit
training, you received nonjudicial punishment for a violation
of the Uniform Code of Military Justice, Article 90 (assaulting

or disobeying a superior commissioned officer). You were then
processed for administrative separation due to entry level
performance/conduct. On 27 October 1992, you received an

uncharacterized entry level separation, and were assigned an
RE-4 (not recommended for retention) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth,
remorse, and current desire to serve in the armed forces.
However, the Board concluded that your RE-4 reentry code should
not be changed due to your misconduct and failure to complete
recruit training. You are 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 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,

Saud

W. DEAN P R
Executive t or

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