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NAVY | BCNR | CY2013 | NR5384-13
Original file (NR5384-13.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: 5384-13
°18 February 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 12. 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 éareful 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. cs

The Board found that you served on active duty. in the Navy from
23° September 2004 until 9 August 2005, when yoti were discharged
by" reason of misconduct, “due to drug abuse, with a ‘discharge
-under other than honorable ‘conditions. ‘You were, assigned a

reentry code of RE-4, as  mequixed. 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 or reason for separation should be changed since you did

not request it 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.

Tt 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 mattr 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, swhen 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, .
ee SD 

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