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NAVY | BCNR | CY2010 | 10091-10
Original file (10091-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

REC
Docket No: 10091-10
22 July 2011

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 20 July 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

iP Wet Lee .

You enlisted in the Navy and began a period of active duty on. 13
November 2006. On 29 June 2007, you received nonjudicial -
punishment (NJP) for failure to obey am order. Your record is
incomplete, but apparently, you were administratively separated
for fraudulent entry. On 28 August 2008, you received a general
discharge for fraudulent entry and were assigned an RE-4 (not
recommended for retention) reentry code.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and overall record. However, the Board found that
these factors were not sufficient to warrant any change in your
character of service, given your record of one NUP for misconduct
and apparent fraudulent entry. The Board also noted that you
were fortunate to receive a general discharge since a separation
under other than honorable conditions is often directed when an
individual is found to have committed misconduct. 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,

Executive Dir

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