DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Decket No: 10735-10
18 August 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 17 August 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
injustice.
You enlisted in the Navy on 5 July 1989. On 28 April 1993, you
received nonjudicial punishment (NJP) for being in an
unauthorized absence (UA) status. On 28 January 1994, you
received NIP for being absent from your appointed place of duty,
assault, and committing fraud against the United States. On 17
February 1995, you were honorably discharged from active duty
while serving in pay grade E-3 and were not recommended for
reenlistment, so you were assigned an RE-4 reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
of service. Nevertheless, the Board concluded these factors were
mot sufficient to warrant a change in the reentry code, given
your record of two NJP’s for misconduct. In this regard, an RE-4
reentry code is authorized when an individual is discharged at
the expiration 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 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,
ls hunk
W. DEAN PFEIRFE
Executive Direc
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