DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 2092-08
3 October 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 1 October 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 2 August 1996 at age 18 and served
without disciplinary incident until 24 October 1999, when you
received nonjudicial punishment (NUP) for dereliction of duty and
sleeping on post. The punishment imposed was a $1,274 forfeiture
of pay and reduction to paygrade E-3, all of which was suspended
for six months. However, due to your continued misconduct, on 13
April 2000, this suspended punishment was vacated. Also on 13
April 2000, you received NJP for absence from your appointed
place of duty and failure to obey a lawful order. The punishment
imposed was a $1,126 forfeiture of pay and reduction to paygrade
E-2.
On 1 August 2001, while serving in paygrade E-2, you were
honorably released from active duty and transferred to the Naval
Reserve. At that time you were not recommended for retention or
reenlistment, and were assigned an RE-4 reenlistment code. On 16
August 2004, upon completion of your obligated service, you
received were issued an honorable discharge certificate.
OPNAVINST 1160.5 (series) notes that the professional growth
criteria must be met before further extensions or reenlistment
may occur. The instruction notes, in part, as follows:
To satisfy professional growth criteria for the first
reenlistment (including first enlistment in USN after
serving on active duty as USNR), the member must be:
(1) serving as a petty officer or, (2) serving in pay-
grade 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.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to reenlist. It also considered your
assertion that being denied the opportunity to reenlist is an
injustice to you. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change in your
reenlistment code because of your disciplinary record which
resulted in two NUPs, failure of professional growth criteria,
and nonrecommendation for retention or reenlistment.
Accordingly, your application has been denied.
You should contact the Department of the Navy, Navy Personnel
Command (BUPERS), Sailor Assistance Center, Code Pers-312F, 5720
Integrity Drive, Millington, TN 38055-3120 to request that
administrative corrections, such as your date of birth, be made
on your Certificate of Discharge or Release from Active Duty (DD
Form 214).
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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