DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3444-08
8 January 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 7 January 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.
On 18 January 2001, you enlisted in the Navy at age 19.
During the period 26 February 2003 to 4 February 2004, you
had nonjudicial punishment (NUP) on three occasions. Your
offenses included insubordinate conduct, failure to obey a
lawful order, two instances of making a false official
statement, malingering, and misbehavior of a sentinel.
During this period you were also counseled on three occasions
regarding deficiencies in your performance and conduct.
On 17 January 2005, you received a performance evaluation that
recommended retention. On 17 January 2005, while serving in
pay grade E-2, you were honorably released from active duty due
to completion of required active service and assigned an RE-4
reenlistment code.
Regulations direct the assignment of an RE-4 reenlistment code
to service members who are honorably released from active duty
and fail to meet professional growth criteria. Although your
last performance evaluation recommended retention, it appears
that you failed to meet professional growth criteria due to
your pay grade. Given your three NUJP's and 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.
The Board noted that although the Navy may not consider waiving
an RE-4 reenlistment code, other branches of the armed forces,
such as the Army National Guard, may consider such a waiver.
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,
fr.
LQheneS
W. DEAN BFE
Executive Di r
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