DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 — Docket No: 12294-08
12 June 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 9 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 initially enlisted in the Navy on 14 September 1992 and
served on active duty for more than 15 years. During your
service, you served in an excellent manner and were advanced to
petty officer first class.
In your evaluation for the period 16 November 2006 to 15 November
2007 the Individual Trait Average was 3.71 and you were
recommended for promotion, but were not recommended for retention
in the Navy. The evaluation comments conclude as follows:
.energetic and motivated leader and mentor. He
unfortunately can not [sic] be retained due to
dependency care compliance..
This comment supports the decision not to recommend you for
retention in the Navy. You were honorably discharged on 29
January 2008 at the expiration of your enlistment. The
separation code entered on your DD Form 214 is’ JBK, which means
that your discharge was involuntary. Given your length of
service, you were paid separation pay in the amount of
$57,838.56.
The DD Form 214 issued on 29 January 2008 indicated that you were
assigned an RE-1 reenlistment code. On 22 March 2008, a.DD Form
215 was issued to correct the DD Form 214 to show that you were
assigned an RE-4 reenlistment code.
You state in your application, in effect, that you were denied
reenlistment because of unspecified medical issues with your
spouse. You desire a change in the reenlistment code to RE-1 so
that you can reenlist in either the Regular Navy or the Navy
Reserve.
A review of your application reveals that you have provided no
details as to the seriousness of your wife's medical problems or
the impact of those problems on your ability to perform service
in the Navy. Further, you have not provided any assurance that
if you were allowed to reenlist that these problems would not
effect your service in the future. The Board was aware that if
you ever qualified for retirement in the future that your
separation pay would be recouped. In view of the foregoing, the
Board couid not conclude that the RE-4 reenlistment code was
improperly assigned.
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,
W. DEAN PFE
Executive Di
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