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NAVY | BCNR | CY2006 | 10671-06
Original file (10671-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 SMW
 Docket No: 1 0671-06
 16 May 2007





Dear
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 15 May 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.
On 19 February 2002 you enlisted in the Navy at age 22. After completing several periods of training, on 25 November 2003 you reported for duty aboard the USS WYOMING (SSBN 742) and served without incident for more than a year. On 15 March 2005 you received an adverse performance evaluation that stated that you were behind your peer group due to your delinquency in qualifications. On 30 March 2005 you received another adverse performance evaluation that stated that you were being transferred and processed for nuclear submarine disqualification. However, both evaluations recommended your retention in the Navy.
Although the record is incomplete, it appears that you were subsequently involuntarily processed for a convenience of the government discharge by reason of unsatisfactory performance. On 14 December 2005 you were honorably discharged by reason of unsatisfactory performance. At that time you were assigned an RE-4 reenlistment code, which means that you are neither recommended nor eligible for reenlistment.
 Regulations direct the assignment of an RE-4 reenlistment code when an individual is discharged by reason of unsatisfactory performance. Since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of the RE-4 reenlistment code.
The Board did not consider whether the reason for separation should be changed, since you did not ask for such consideration and you have not exhausted your administrative remedies by applying to the Naval Discharge Review Board (NDRB) by completing the attached DD Form 293 and submitting it to the address on the form.
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 PFEIFFER
          Executive Director




















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