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NAVY | BCNR | CY2007 | 06846-07
Original file (06846-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

         
         SMW     
         Docket No: 6846-07
         5 March 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 5 March 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 applications, 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 5 August 1998, you enlisted in the Naval Reserve at age 18 and began a three year period of active service on 24 August 1998. On 13 July 1999, you had nonjudicial punishment (NJP) for an unspecified offense. On 1 December 2000, you had NJP for failure to go to your appointed place of duty and disrespect. On 23 August 2001, you were honorably released from active duty due to completion of required active service and assigned an RE-4 reenlistment code. On 4 August 2006, 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 fail to satisfy the professional growth criteria. You failed to meet the professional growth criteria because you were serving in pay grade E-2 at the end of your active duty period. 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.
 Although the Navy and other branches of the armed forces may not consider waiving the RE-4 reenlistment code, you may be considered for an enlistment waiver by the Army National Guard.
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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