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NAVY | BCNR | CY2007 | 01950-07
Original file (01950-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
         Docket No:       1950-07
         7 September 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 sessi on , considered your application on 6 September 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 28 September 2001, you enlisted in the Navy at age 21. During the period 31 July 2002 to 12 April 2003, you had three nonjudicial punishments (NJP’s) for two instances of unauthorized absence WA) totaling about three days and three instances of failure to obey a lawful order. During the period 10 to 11 July 2003, you were in a UA status, but it appears that no disciplinary action was taken for this offense.
During the period 20 December 2004 to 27 September 2005, you received three performance evaluations that did not recommend you for retention and indicated that you had significant problems that included three physical readiness test (PRT) failures, unsatisfactory appearance in uniform and inconsistent military bearing. On 27 September 2005, you were honorably released from active duty due to completion of required active service and assigned an RE-4 reenlistment code, which means that you were neither eligible nor recommended for reenlistment.
Regulations authorize the assignment of an RE-4 reenlistment code when an individual is released from active duty due to completion
 of required active service and is not eligible or recommended for retention. Given your three NJP’s, three PRT failures, non-recommendation for retention, and 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. 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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