DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8499-06
12 July 2007
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 10 July 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 22 June 1999 at age 19 and served
without disciplinary incident until 28 January 2000 when you
received nonjudicial punishment (NJP) for a two day period of
unauthorized absence (UA). The punishment imposed was extra duty
and restriction for 45 days and reduction to paygrade E-2.
On 25 July 2002 you received NUP for absence from your appointed
place of duty and were awarded restriction and extra duty for 45
days, a $50 forfeiture of pay, and reduction to paygrade E-3.
Your record contains an administrative remarks entry dated 11
February 2003 which states that you were counselled regarding
deficiencies in your performance and conduct, specifically, your
failure to obey a lawful order. Your record also contains a
performance evaluation for the period from 12 February to 21 June
2003, which states that you were not recommended for retention.
Subsequently, on 22 May 2003, 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-4
reenlistment code. On 21 June 2007, upon completion of your
obligated service and while serving in paygrade E-3, you received
an honorable discharge.
OPNAVINST 1160.5 (series) notes that the professional growth
criteria must be met before further extensions or reenlistment
May occur. The instruction notes, 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. It also considered your concern as to
why you received an RE-4 reenlistment code when you completed
your military service. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change in the
reenlistment code because of your misconduct, counselling, and
nonrecommendation for retention. The Board noted that an RE-4
reenlistment code is authorized by regulatory guidance and may be
assigned when a Sailor, while serving in paygrade E-3, is
discharged upon completion of 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,
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