DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 5581-07
31 January 2008
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 29 January 2008. 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 9 June 2000, you enlisted in the Navy at age 18 and served
without incident until 16 April 2004, when you had nonjudicial
punishment (NJP) for failure to obey a lawful order. You were
also counseled regarding deficiencies in your performance and
conduct and warned that further infractions could result in
disciplinary action or administrative separation. On
8 June 2004, you were honorably released from active duty due to
completion of your required active service and assigned an RE-4
reenlistment code. On 11 October 2007, you were honorably
discharged due to the expiration of your obligated service.
Regulations authorize the assignment of an RE-4 reenlistment code
to members who are released from active duty due to completion of
required active service and not recommended for retention. Given
your misconduct that resulted in NUP less than two months before
you were released from active duty 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,
looped!
W. DEAN PFE
Executive D ia
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