DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DG 20370-5100. 1) ok No. 6 41054-08
18 June 2009
Dear -aNen.
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 $ June 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 27 June 1998 at age 19. On 21 August
2000 you indicated that you could not comply with the provisions
of the Pamily Care Plan Certificate. Subsequently, you requested
separation from the Navy because you had no one to care for your
child. On 26 September 2000 you were notified of separation
processing. After review, the separation authority directed a
discharge due to parenthood. You were honorably discharged on 15
March 2001. At that time, you were assigned an RE-3B
reenlistment code.
You were granted a waiver to reenlist and om 31 January 2006 you
enlisted in the Navy Reserve for three years. About six weeks
later, the command directed that you submit a Family Care Plan
Certificate within 30 days. The record shows that you did not
comply with this requirement. Therefore, you were notified of
separation processing by registered mail. However, you failed to
respond. On 4 August 2006, the Commanding Officer of the Naval.
Operation Support Center recommended discharge noting that you
had not responded to official correspondence and that you had a
history of inability to be deployable and were not a mobilization
asset. After review, the separation authority directed an
honorable discharge due te parenthood or custody of minor
children: and the assignment of an RE-4 reenlistment .code.-.You--«
were so discharged on 13 September 2006.
You state in your application that you have remarried and have
someone reliable to care for your children. You desire to serve
but are being prevented from doing so because of the RE-4
reenlistment code.
Given your previous discharge for parenthood, it is clear that
when a waiver was granted and you were allowed to reenlist in the
Navy Reserve you were on notice that you had to have a valid
Family Care Plan Certificate, Further, you did not respond to
communications from your command attempting to resolve this
‘issue. Given these factors, the Board concluded that you were
properly discharged and that the circumstances of your case
supported 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,
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