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NAVY | BCNR | CY2011 | 02294-11
Original file (02294-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 02294-11
30 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 30 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 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

1 February 1995, at age 20. On 20 October 1997, you received
nonjudicial punishment (NIP) for being drunk and disorderly. On
26 October 1999, you received NUP for failure to obey an order or
regulation. On 30 July 2003, you received NUP for failure to
obey a lawful written order, false swearing, and obstructing
justice. You were not recommended for retention. On 4 August
2004, you were discharged from active duty while serving in pay
grade E-4 and were not recommended for reenlistment due to
misconduct. At that time, 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
not sufficient to warrant a change in the reentry code, which was
based on your misconduct. In this regard, an RE-4 reentry code
is required when an individual is discharged at the expiration of
his term of enlistment 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,

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