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NAVY | BCNR | CY2011 | 01799-11
Original file (01799-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5700

 

BIG
Docket No: 1799-11
8 November 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 8 November 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 15 August
2005. You received nonjudicial punishment for failure to obey
an order or regulation and being drunk on duty. You were
reduced in rank from pay grade E-4 to E-3. At the completion
of your required active duty, you were released to the Navy
Reserve with an honorable characterization of service, not
recommended for retention, and were assigned an RE-3R (failure
to meet professional growth criteria) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your honorable
service and current desire to change your reentry code.
However, the Board concluded that you should have been assigned
an RE-4 (not recommended for retention) reentry code in light
of your misconduct and non-recommendation for retention. The
Board noted that you were fortunate to receive an RE-3R reentry
code, which is waivable by prior service recruiting personnel.
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,

WW Reon Ye

W. DEAN P

Executive Birector

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