DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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KS
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CRS
Docket No: 6072-13
12 June 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 11 June 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 alli 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.
The Board found that you served on active duty in the Navy from
26 October 2005 to 3 December 2008, when you were discharged by
reason of conviction by special court-martial, with a bad
conduct discharge. 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 or reason for separation should be changed, since you
have not exhausted an available administrative remedy 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,
em ES
ROBERT D. “SALMAN
Acting Executive Director
Enclosure
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