DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 08436-07
6 August 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
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 17 October 2000 at age 18. On
13 September 2002, you received nonjudicial punishment (NUP) for
destruction of property. You were awarded received correctional
custody and a forfeiture of pay. You then served for three years
and were only advanced to E-3. You were released from active
duty on 16 November 2005 and transferred to the Navy Reserve and
assigned a reenlistment code of RE-4.
For Sailors separated at the expiration of their first period of
obligated service, naval regulations state that professional
growth criteria must be met before they may reenlist. The
instruction states, in part, as follows:
To satisfy professional growth criteria for the first
reenlistment...the member must be: (1) serving as a petty
officer or, (2) serving in paygrade 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...
An individual separated in paygrade E-3 who fails to meet the
above criteria may receive an RE-3R reenlistment code if he/she
is recommended for advancement to paygrade E-4 at the time of
separation. If not, the individual must be assigned an RE-4
reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and period
of honorable service. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change in the
reenlistment code since the record does not indicate whether you
were recommended for advancement or retention. 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,
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