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NAVY | BCNR | CY2010 | 11433-10
Original file (11433-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

TAL
Docket No: 11433-1090
27 July 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 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
injustice.

You enlisted in the Navy and began a period of active duty on

27 April 2010 at age 26. From 29 April through 18 May 2010,
numerous entries were annotated on your Recruit Personnel Data
Record documenting your unsatisfactory performance and conduct.
On 17 May 2010, you were counseled regarding your failure to obey
written regulations by violating the recruit standard of conduct
and warned that further offenses could result in administrative
separation. You were notified of the recommendation that you be
discharged with an uncharacterized separation due to entry level
performance and conduct. Subsequently, your commanding officer

directed an entry level separation and 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 youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant a change in your
reentry code given your unsatisfactory performance and non-
recommendation for reenlistment which was sufficient to support
the assignment of an RE-4. 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,

\lunQ

W. DEAN PF
Executive oO

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