DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECoRS
2 NAVY ANNEX
WASHINGTON DC 20370-5100. Docket No: 07014-08
5 June 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 2 June 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 reenlisted in the Navy on 22 March 2001 after six years of
honorable service. You served for over 10 years and were
advanced to paygrade E-4.
On 16 March 3005, you received nonjudicial punishment (NIP) for
wrongful possession and usé of marijuana. You received a |
.ceduction, ‘in paygrade, a forfeiture of pay, and restriction.
On 21 March 2005, you signed a performance evaluation in which
you were not recommended for retention. That evaluation assigned
an adverse mark of 1.0 in military bearing due to your NUP. You
were honorably discharged from active duty at the expiration of
your enlistment. At that time you were assigned an RE-4
reenlistment code. ae
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service, Good Conduct Medals, the overall record of your last
period of service, and the reason you were not permitted to
reenlist. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in the reenlistment code. In
this regard, an RE-4 reenlistment code is required when an
individual is separated at the expiration of his term of active
obligated service and is not recommended for retention.
Additionally, the Board noted that you were fortunate to receive
an honorable discharge since a discharge under other than
honorable conditions is often directed for drug possession and
use. 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,
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