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NAVY | BCNR | CY2013 | NR4845 13
Original file (NR4845 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

CRS
Docket No: 4845-13
7 May 2014

 

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 26 February 2014. 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. me

The Board found that you served on active duty in the Navy from
27 March 2000 to 5 June 2002 after three years of prior Army
service, when you were discharged by reason of misconduct due
the commission of a serious offense, with a discharge under
other than honorable conditions.. You were assigned a reentry
code of RE-4, as required by governing directives.

AS your present reentry code is correct, and you have not

demonstrated that it would be in the interest of justice for the
Board to assign a more favorable code as an exception to policy,
there is no basis for granting your request. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.

The Board did not consider whether your characterization of
service and reason for separation should be changed since you
did not request this and you have not exhausted your
administrative remedies by applying to the Naval Discharge
Review Board (NDRB). You may do so by submitting the attached
DD Form 293 to the NDRB.

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,

pe ge SD . a pacemiadl
ROBERT D.” ZSALMAN
Acting Executive Director

Enclosure

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