DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DC 20370-5100 Docket No: 2489-08
20 November 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 18 November 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.
Your record shows that you were voluntarily released from active
duty on 27 April 1993 with almost 17 years of active duty under
the provisions of 5h3 Voluntary Separation Incentive (VSI)
program. The narrative reason for separation entered on your
discharge is "Voluntary Discharge for Early Release Program-VSI".
At that time you were assigned an RE-3Y reenlistment code.
You applied to this Board more that 15 years after your release
from active duty requesting that the reenlistment code be
changed. You have submitted a list of reenlistment codes
downloaded from the internet which purports to show all the
possible reenlistment codes. You point out that an RE-3Y
reenlistment code is not listed and that any RE-3 code would be
in error because it would mean that your discharge was
involuntary and your discharge was voluntary. You believe that
an RE-2 reenlistment code should have been assigned.
As indicated in the enclosed page from the pertinent instruction
the assignment of an RE-3Y reenlistment was required when an
individual received VSI. An RE-2 code is not appropriate in your
case because it is only assigned when a member is transferred to
the Fleet Reserve or retires. Since you have been treated no
differently than others separated under the VSI program, the
Board could not find an error or injustice in the assignment of
the RE-3Y 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,
Loess
W. DEAN PFEIRF
Executive Dikracto
Enclosure
s
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