DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 8110-07
8 October 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 7 October 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.
You enlisted in the Navy on 30 August 2000 at age 19 and began a
period of active duty on 29 June 2001. You served without
disciplinary incident until 12 May 2004, when you received
nonjudicial punishment (NJP) for missing the movement of your
ship, making a false official statement, and a 22 day period of
unauthorized absence (UA). The punishment imposed was a
reduction to paygrade E-2 and restriction and extra duty for 45
days.
On 28 June 2005, while serving in paygrade E-2, you were
honorably released from active duty and transferred to the Navy
Reserve. At that time you were not recommended for retention or
reenlistment, and were assigned an RE-4 reenlistment code. On 29
August 2008, upon completion of your obligated service, you were
presumably issued an honorable discharge certificate.
OPNAVINST 1160.5 (series) notes that the professional growth
criteria must be met before further extensions or reenlistment
may occur. The instruction notes, in part, as follows:
To satisfy professional growth criteria for the first
reenlistment (including first enlistment in USN after
serving on active duty as USNR), the member must be:
(1) serving as a petty officer or, (2) serving in pay-
grade E-3 having passed an examination for advancement
to paygrade E-4 and be currently recommended for
advancement, or (3) have formerly been a petty officer
in current enlistment and be currently recommended for
advancement to paygrade E-4. Failure to meet the
professional growth criteria may result in denial of
further extensions or reenlistment.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to reenlist. It also considered your
assertion that you were misinformed regarding the assignment of
the RE-4 reenlistment code. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in your
reenlistment code because of your disciplinary record which
resulted in NUP, failure of professional growth criteria, and
nonrecommendation 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,
lp Woon
W. DEAN PFE
Executive Dikeéc
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