DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON D C 20370-5100
TJR
Docket No: 2930-02
12 September 2003
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 9 September 2003. 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 on 26 September 1988 at age 18. You
served for a year and five months without disciplinary incident,
but on 15 February 1990, you received nonjudicial punishment
(NJP) for failure to obey a lawful order. The punishment imposed
was extra duty for 30 days, a $810 forfeiture of pay, and
reduction to paygrade E-2, which was suspended for three months.
Subsequently, you were advanced to paygrade E-3. However, in the
performance evaluation for the period 1 February to 25 September
1991, you were assigned marginal marks of 3.0 in two marking
categories and the overall evaluation was a marginal 3.2.
On 25 September 1991, while still serving in paygrade E-3, you
were honorably released from active duty and transferred to the
Naval Reserve. At that time, an RE-4 reenlistment code was
assigned. On 12 September 1996, upon completion of your
obligated service, you received an honorable discharge. At that
time you were not recommended for reenlistment.
OPNAVINST 1160.5B states that certain professional growth
criteria must be met before further extensions or reenlistment
may occur. The instruction states, in part, as follows:
To satisfy professional growth criteria for the first
reenlistment (including first enlistment in USN after
serving on active duty and USNR), the member must be:
(1) serving as a petty officer or, (2) serving in pay-
grade E-3 having passed an examination for advancement
to paygrade E-4 and be currently recommended for
advancement, or (3) have formerly been a petty officer
in current enlistment and be currently recommended for
advancement to paygrade E-4. Failure to meet the
professional growth criteria may result in denial of
further extensions or reenlistment.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, and your contention that since you
received an honorable discharge and there is no documented reason
to substantiate the assignment an RE-4 reenlistment code, you
should now be assigned an RE-1 reenlistment code so that you may
reenlist. Nevertheless, the Board concluded these factors and
contention were not sufficient to warrant a change in the
reenlistment code because of your apparent failure to pass an
examination for advancement to paygrade E-4 or be recommended for
advancement. Additionally, the Board took note of the fact that
you received NJP and a marginal evaluation. 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
e v i . d n n ~ e 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,
I n
Execut lve
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