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NAVY | BCNR | CY2012 | 04966-12
Original file (04966-12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BUG
Docket No: 4966-12
11 July 2013

 

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 9 July 2013. 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. In addition, the Board considered the
advisory opinion from the Chief of Naval Personnel dated 21 May
2013, a copy of which is attached.

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. In this connection, the Board substantially
concurred with the comments contained in the advisory opinion.

The Board found that you enlisted in the Navy and entered active
duty on 26 June 2000. On 29 February 2012, while attending the
Independent Duty Corpsman Program, you were disenrolled due to
an Honor Code violation, and given an adverse performance
evaluation. You were then denied reenlistment, and on 8 April
2012, you were honorably discharged at the completion of your
required active service, and assigned an RE-4 (not recommended
for retention) reentry code.

In its review of your application, the Board considered all
potentially mitigating factors, such as your prior honorable
service and contention that you were treated unjustly. The
Board concluded that you were not entitled to any relief based
on your honor code violation. 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,

Ly Baad

W. DEAN PF F
Executive ecto

Enclosure

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