DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |
SUN
Docket No: 11191-08
21 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 14 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 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 and began a period of active duty on
28 October 2002 at age 18. You served without incident for over
-four years until 2 October 2007, when you received nonjudicial
punishment (NTP) for dereliction of duty. You received a
forfeiture of pay and a reduction in paygrade.
Based on the information currently contained in your record, your
commanding officer signed a performance evaluation covering the
period from 16 July to 10 October 2007 that did not recommend you
for retention. That evaluation assigned an overall adverse mark
of 1.0 and stated, in part, that although you were a hard worker,
you required constant supervision and lacked the basic initiative
necessary to succeed in the Navy. On 26 October 2007, you were
honorably released from active duty at the expiration of your
enlistment. At that time you were assigned an RE-4 reenlistment
code. ,
The Board, in its review o£ your application, carefully weighed
all potentially mitigating factors, such as your overall record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in the reenlistment code given
your adverse discharge evaluation which recommended that you not
be allowed to reenlist. In this regard, an RE-4 reenlistment
code is required when an individual is released at the expiration
of his term of active obligated service and is not recommended
for retention. 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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