DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ,
TUR
Docket No: 7452-08
4 June 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 2 June 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 31 July 2003 at age 25, and began a
period of active duty on 29 August 2003. You served without
disciplinary incident until 21 March 2006, when you received
nonjudicial punishment (NUP) for contempt/disrespect. During the
period from 5 to 11 August 2006 you were in an unauthorized
absence (UA) status on two occasions for six days. However, the
record does not reflect the disciplinary action taken, if any,
for this misconduct.
Your record contains an adverse performance evaluation for the
period from 16 July 2006 to 15 duly 2007 which states, in part,
that you failed physical fitness accessions (PFA) on three
occasions, did not meet minimum standards due to your conduct,
and received numerous counselling sheets. It also states that
you were not recommended for retention or reenlistment.
On 28 August 2007, while serving in paygrade E-3, you were
honorably released from active duty and transferred to the Navy
Reserve. At that time you were 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 period of satisfactory service and desire to have your RE-4
reenlistment code changed to reflect a more favorable code due to
your failure to pass three PFAs. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in your reenlistment code. The Board further concluded that your
Military deficiencies, to include an NJP and two periods of UA,
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
and have net met the professional growth criteria for advancement
to paygrade E-4. 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.
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