DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 8477-08
14 May 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.13 May 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 28 July 1992, you enlisted in the Navy at age 19 and served
without incident for more than 20 months. During the period
15 April 1994 to 27 June 1995, you had three brief instances of
unauthorized absences (UA), and it appears that no disciplinary
action was taken for these offenses. During the period _
29 to 30 March 1996, you were in a UA status. On 23 May 1996,
you had nonjudicial punishment for an unspecified offense that
resulted in a reduction to pay grade E-2. On 24 May 1996, you
were counseled regarding deficiencies in your performance and
conduct and warned that further infractions could result in
disciplinary action or administrative separation. On
13 July 1996, you acknowledged that you were not eligible for
reenlistment due to failure to meet advancement growth
criteria. On 28 July 1996, you were honorably released from
active duty due to completion of required active service and >
assigned an RE-4 reenlistment code. On 5 December 2000, you
were honorably discharged due to the expiration of obligated
service.
Regulations direct assignment of an RE-4 reenlistment code to
members who are not eligible for retention due to failure to
meet advancement growth criteria. 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.
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,
TZ >
ROBERT D. “4SALMAN
Acting Executive Director
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