DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ,
WASHINGTON DC 20370-5100
TUR
Docket No
: 7207-07
13 May 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 13 May 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 insu
to establish the existence of probable material error o
injustice.
You enlisted in the Navy on 21 May 2003 at age 19 and b
period of active duty on 14 August 2003. You served fo
and five months without disciplinary infraction, but on
January 2005, you received nonjudicial punishment (NJP)
absence from your appointed place of duty. The punishm
imposed was reduction to paygrade E-3 and forfeiture of
fficient
r
egan a
ra year
27
for
ent
one half
of your pay for one month, all of which was suspended for six
months.
It appears that you were diagnosed with a physical condition
which hindered your performance of duty because the record
reflects that on 5 June 2005 you acknowledged that you were not
eligible for reenlistment due to a physical condition that was
_
B-4
not a disability, and that you were being assigned an RI
reenlistment code.
Subsequently, you were processed for separation by reason of
convenience of the government due to a condition, which was not a
disability. On 17 June 2005, while serving in paygrade E-3, you
were honorably discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and assertion that your assigned RE-4 reenlistment
code was based on your desire to physically provide for your
child which made you unavailable for deployment. Nevertheless,
the Board concluded these factors were not sufficient to warrant
a change in the reenlistment code because of your misconduct and
nonrecommendation for retention and/or reenlistment due to a
physical condition which hindered your performance of duty.
Finally, an RE-4 reenlistment code is authorized when a Sailor,
who is serving in paygrade E-3, is separated for this reason and
is not recommended for retention or reenlistment. 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,
OD * feo
ROBERT D. SALMAN
Acting Executive Director
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