DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 645-08
5 September 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 3 September 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.
On 17 April 2006, you enlisted in the Navy at age 34. On
7 May 2006, a recruit evaluation remarks entry indicated that
you disclosed that you had family problems. You were
subsequently referred to legal assistance and a social worker
regarding your family issues. On 12 June 2006, a recruit
evaluation remarks entry stated that you failed to meet minimum
standards of language and verbal communication as evidenced by
two consecutive test failures. On 20 June 2006, another
recruit evaluation remarks entry stated that you failed the
final test and were no longer qualified for retention. On
23 June 2006, you acknowledged a service record entry which
stated that you were not eligible for reenlistment.
On 28 June 2006, your commanding officer recommended you for an
entry level separation by reason of substandard performance and
conduct. In connection with this processing, you acknowledged
the separation action. On 30 June 2006, the separation
authority approved the discharge recommendation and directed an
entry level separation by reason of substandard performance and
conduct. On 6 July 2006, you were so discharged and assigned
an RE-4 reenlistment code.
Regulations direct the assignment of an RE-4 reenlistment code
to members who are discharged by reason of substandard
performance and conduct. Since you have been treated no
differently than others in your situation, the Board could not
find an error or injustice in the assignment of the RE-4
reenlistment code. 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,
ea & E
Executive Di t
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