DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 5407-08
8 April 2009
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 6 April 2009. The names and votes of the
members of the panel will be furnished upon request.
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 4 April 1980 at age 20, began a
period of active duty on 2 October 1980, and served without
disciplinary incident.
On 26 February 1982, following an interview that was the result
of your noncontributory performance, you were processed for an
administrative separation. Your commanding officer recommended
an honorable discharge even though you had demonstrated below
average performance. However, this recommendation further
stated, in part, that you were not eligible for reenlistment due
to having performance which was noncontributory to unit readiness
and mission accomplishment. As a result, on 9 March 1982, while
serving in paygrade E-3, you were honorably discharged by reason
of convenience of the government and assigned an RE-4
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to have your RE-4 reenlistment code changed
so that you may reenlist as a chaplain. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in your reenlistment code. The Board concluded that your
military deficiencies, as well as the nonrecommendation for
retention or reenlistment were sufficient to support the
assignment of an RE-4 reenlistment code. Finally, such a code is
authorized by regulatory guidance and normally assigned to
Sailors who are serving in paygrade E-3, have not completed a
full term of enlistment, and are separated due to the convenience
of the government. Accordingly, your application has been
denied.
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 PF
Executive
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