DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 6210-07
7 February 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 6 February 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 1994, you enlisted in the Navy at age 18. During the
period 15 January to 6 December 1996, you received three
favorable performance evaluations. On 15 June 1997, you received
a performance evaluation in which you were assigned a rating of
2.0 in military bearing and character, due to your failure to
meet the Navy's physical fitness requirement. On 9 June 1998,
you were honorably released from active duty due to completion of
required active service and assigned an RE-4 reenlistment code.
On 12 April 1999, your request for conditional release from the
Navy Reserve for enlistment in another branch of the armed forces
was approved.
Regulations authorize the assignment of an RE-4 reenlistment code
to members who are not recommended for reenlistment or have an
average of less than 3.0 in any trait during an enlistment. The
Board noted that your last performance evaluation is not
currently contained in your record and your current performance
evaluation trait average in military bearing and character is
2.75. Given your failure to attain a satisfactory trait average
in military bearing and character, the fact that your last
performance evaluation is currently not contained in the record,
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,
Lp Qege |
. DEAN P
Executive
Copy to:
The Honorable Bart Gordon
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