DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00934-08
5 February 2009
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 February 2009. 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 and began a period of active duty on
5 December 2001 at age 22. You served over five years and were
only advanced to paygrade E-3. Additionally, during this period
of service, you received nonjudicial punishment for failure to go
to your appointed place of duty, insubordinate conduct, and
disobedience. You were also convicted by summary court-martial
of four specifications of failure to go to your appointed place
of duty, disobedience, and driving without a seatbelt. You were
sentenced to a forfeiture of pay, confinement, and a reduction in
paygrade. On 10 September 2007, you were released from active
duty and transferred to the Navy Reserve. At that time you were
assigned an RE-4 reenlistment code.
Individuals separated at the expiration of their obligated
service must meet professional growth criteria before they may be
allowed to reenlist. Naval regulations state, in part, as
Eollows:
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 current Jy
recommended for advancement, or (3) have formerly been a
petty officer in the 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.
In this regard, the Board, in its review of your application,
carefully weighed all potentially mitigating factors, such as
your period of satisfactory service. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in the reenlistment code because based on the information
currently contained in your record it appears you were not
recommended for advancement at the time of your release from
active duty. 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,
W. DEAN DF R
Executive D or
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