._DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5700
CRS
Docket No: 9177-08
23 October 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 15 October 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 ali material submitted in support
thereof, your naval record and applicable statutes, regulations.
and policies.
After careful and conscientious considération of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 7 January 2003.
On 20 July 2005 you received nonjudicial punishment for
possession of illegal drugs. You were honorably released from
active duty on 6 January 2007 and transferred to the Navy
Reserve. You were assigned a reentry code of RE-4 to indicate
that you were not eligible for reenlistment.
A Sailor must be recommended for advancement and retention in his .
last two graded evaluations in order to be eligible for
reenlistment. Since you were not recommended for advancement or
retention in your next to last graded evaluation which covers the
21 July 2005 to 15 July 2006 period, you were not eligible for
reenlistment. As you have not demonstrated that your reentry
code is erroneous or unjust, the Board concluded that there is no
basis for changing it, and denied your application. 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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