DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10699-10
4 February 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 15 December 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 25 September
2006. You received nonjudicial punishment on 30 June 2008 for
assault. On 25 May 2009 you were frocked to E-5. On 7 November
2009 you received nonjudicial punishment for using provoking
speeches or gestures while holding a knife. The punishment
imposed consisted of restriction for 60 days and reduction to pay
grade E-3. On the same date your commanding officer withdrew
your recommendation to E-5. On 7 April 2010 you received an
honorable discharge by reason of reduction in force, and were
assigned a reentry code of RE-3M.
The Board found no merit in your request for adjustment of your
rank to E-5. It concluded that your commanding officer acted
reasonably in your case when he withdrew the recommendation for
your advancement. In addition, he was in the best position to
resolve the factual issues and to impose appropriate punishment.
There is no credible evidence that you did not commit the charged
offense.
An RE-3M reentry code is authorized by regulatory guidance for
individuals discharged due to a reduction in force. The Board
thus concluded that there is no error or injustice in your
reentry code. 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,
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