DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 08912-08
13 July 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 8 July 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 enlisted in the Navy on 23 July 1991, and served without
disciplinary incident. However, in March 2002, you received an
evaluation with a mark of 2.0 in military bearing and character.
Although your evaluation does not disclose the nature of your low
mark, the Board presumed regularity that the evaluation was
correct and not the result of an error. Additionally, you signed
the March 2002 evaluation with the low mark and your DD 214
acknowledging the RE-4 reenlistment code.
“Therefore, the Board, in its review of your entire record and
application, carefully weighed all potentially mitigating
factors, such as your youth and belief that enough time has
elapsed to warrant changing your reenlistment code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant changing your RE-4 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,
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