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NAVY | BCNR | CY2006 | 08030-06
Original file (08030-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHiNGTON DC 20370-5100
        
SJN
                                                                                                   Docket No: 08030-06
                                                                                                   2 March 2007




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 28 February 2007. 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 29 October 2001 at age 20. You served for four years and were advanced to paygrade E-5. However, on 21 March 2002, you received nonjudicial punishment (NJP) for three instances of absence from your appointed place of duty, disobedience, and being drunk on duty.
On 25 October 2005 you received a substandard performance evaluation in which you were not recommended for retention. This evaluation assigned marginal overall rating of 2.5 with adverse marks of 1.0 in some marking categories. On 28 October 2005, you were honorably released from active duty at the expiration of your enlistment, and were assigned a RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed all potentially mitigating factors, such as your overall military record. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code because of the adverse evaluation which recommended that you not be allowed to reenlist. In this regard, an RE-4 reenlistment code is required when an individual is separated at the expiration of his term of active obligated service and is not recommended for reenlistment. 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,


                  W. DEAN PFIEFFER        
Executive Director








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