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NAVY | BCNR | CY2014 | NR2216 14
Original file (NR2216 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

7O1 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

SON
Docket No: 2216-14
.6 April 2015

 

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 March 2015. The names and votes of the members
of the panel will be furnished upon request. 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

3 September 2004. On 28 July 2005, you received nonjudicial
punishment for disrespect, wrongful use of a provoking gesture,
and communicating a threat. On 2 June 2009 you were honorably
released from active duty at the completion of your required
service and transferred to the Navy Reserve. At that time, you
were assigned and an RE-4 reentry code. On 2 September 2012,
you received an honorable discharge. At-that time, you were not
recommended for reenlistment.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to upgrade your reentry code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in the reentry code. In this
regard, an RE-4 reentry code is required when a Sailor is
discharged and is not recommended for reenlistment. Accordingly,
your application has been denied.
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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. In this regard, it is
important to keep in mind that a presumption of reqularity
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,

   

 

 

ROBERT J. O'NEILL
Executive Director

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