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NAVY | BCNR | CY2005 | 00598-05
Original file (00598-05.doc) Auto-classification: Denied



                            DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                             2 NAVY ANNEX

                      WASHINGTON DC 20370-5100

      TJR
                                                         Docket No: 598-05
                                                         24 October 2005







      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 18
      October 2005. 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 Naval Reserve on 20 December 1993 at age 22 and
      served without disciplinary incident.

      On 19 December 1996, while serving in paygrade E-3, you were honorably
      released from active duty and transferred to the Naval Reserve. At
      that time you were assigned an RE-3R reenlistment code.

      On 21 September 2001, upon completion of your obligated service, you
      received an honorable discharge. At that time you were recommended for
      retention and reenlistment.

      The Board, in its review of your entire record and application,
      carefully weighed all potentially mitigating factors, such as your
      youth and assertion that you should have been assigned an RE-i
      reenlistment code because you were honorably discharged upon
      completion of your required service. Nevertheless, the Board concluded
      these factors were not sufficient to warrant a change in the RE-3R
      reenlistment code. Such a code is authorized by regulatory guidance
      and assigned when a Sailor, serving in













paygrade E-3, is discharged at the upon completion of a period of obligated
service and is recommended for reenlistment. This code may not prohibit
reenlistment, but requires a waiver be obtained from recruiting personnel
who are responsible for determining whether you meet the standards for
reenlistment, and whether or not a waiver of your code is feasible.
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 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



                                                               N





























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