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NAVY | BCNR | CY2007 | 09137-07
Original file (09137-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100
TRG

Docket No: 9137-07
2 July 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 24 June 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 that the evidence submitted was
insufficient to establish the existence of probable material

error or injustice.

You enlisted in the Navy on 23 May 2000 at age 28, with prior
service in the Army National Guard. At that time, you had a six
year old daughter. On 20 April 2003, another daughter was born.
On 8 March 2004, you reported to the USS THEODORE ROOSEVELT (CVN
71). Subsequently, you indicated that you could not comply with
the provisions of the Family Care Plan Certificate and were
unable to deploy. Consequently, you were processed for an
administrative discharge by reason of parenthood, which you did

not contest.

 

 

 

 

The performance evaluation for the period 1 November 2003 to 27
January 2005 is adverse with an individual trait average of 2,29
and you were not recommended for promotion or retention in the
Navy. After review of your record, the discharge authority
directed a general discharge and you were so discharged on 27
January 2005. At that time, you were not recommended for
reenlistment and were assigned an RE-4 reenlistment code.

 

record and the quality of your entire service is unknown. Based
on the content of the last performance evaluation, the Board

concluded that the RE-4 reenlistment code was correctly assigned.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.

As noted in the enclosed letter, the Navy Personnel Command has
taken administrative action to correct your DD Form 214 to show
your service prior to enlistment in the Navy.

Please be advised that if you have not already done so that you
are eligible to apply to the Naval Discharge Review Board (NDRB)
to request recharacterization of your general discharge to a
fully honorable characterization of service. If the NDRB denies
your request for recharacterization of the discharge, you may
appeal that decision to this Board. A DD Form 293 used to
petition the NDRB is enclosed for your use.

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,

\a ns

. DEAN PFE
Executive Dixe

 

 

 

Enclosures

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