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NAVY | BCNR | CY2007 | 09877-07
Original file (09877-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SIN
Docket No: 09877-07
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
application on 5 August 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 6 August 2002. You served for over
four years and were advanced to paygrade E-4. On 3 April 2007,
you signed an evaluation covering the period from 2 November 2006
to 5 April 2007, in which you were not recommend for retention
due to your inadequate professional skill and poor quality of
work. Further, it reported that you were progressing but
ineligible for advancement or retention. The record also shows

that an “early out” request was approved. On 5 April 2007, you
were honorably released from active duty by reason of “reduction
in force”. At that time you were assigned an RE-4 reenlistment
code.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
of service, to include your prior command’s recommendation for
retention, and personal family issues you were encountering at
that time. Nevertheless, the Board concluded these factors were
not sufficient to warrant a Change in your reenlistment code.

In this regard, an RE-4 reenlistment code is required when an
individual is separated due to an “early out” request and is not
recommended for 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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