DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 9514-08
20 August 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 18 August 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 reenlisted in the Navy on 11 November 2005 after nine years
of prior honorable service and continued to serve without
disciplinary incident.
On 18 September 2007 a physical evaluation board {PEB) found you
to be fit for continued service even though you were previously
assigned to limited duty due to an existing medical condition.
The PEB stated, in part, that because of your condition, you were
unable to operate equipment or machinery, and as such you were
found to be unsuitable for operational duty. On 27 October 2007
your commanding officer recommended an administrative separation
because of your inability to satisfactorily perform within your
Subsequently, you were processed for an administrative separation
by reason of convenience of the government due to unsuitability
for operational duty as evidenced by a physical or mental
condition. On 29 October 2007 you waived your right to submit a
rebuttal to the discharge. On 6 November 2007 the discharge
authority directed your commanding officer to issue you an
honorable discharge by reason of convenience of the government
due to a physical or mental condition, and on 6 December 2007,
you were so discharged and 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 honorable service and desire to change your narrative reason
for discharge and reenlistment code, and to have your
reenlistment bonus restored. It also considered your request for
the “Battle E” and Sea Service ribbons. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
of your narrative reason for separation or your reenlistment
code, or to restore your reenlistment bonus. Finally, you were
given an opportunity to rebut your reason for discharge, but
waived your procedural right to do so. Accordingly, your.
application has been denied.
You should contact the Navy Personnel Command, Head, Enlisted
Bonus Programs, 5720 Integrity Drive, Millington, TN 38055-0000
regarding your request to cancel recoupment of your reenlistment
bonus.
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,
Executive
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