DEPARTMENT OF THE NAVY |
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 00187-09
é 20 October 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 16 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 on 4 April 1994, and served without
disciplinary incident until 26 January 1997, when you received
nonjudicial punishment for assault and disorderly conduct due to
drunkenness. On 3 April 1997, you were separated at the end of
your obligated service with an honorable discharge and an RE-4
reenlistment code.
You are advised that in order to be recommended for reenlistment,
a service member must be serving in pay grade E-4 or serving in
pay grade E-3 with a recommendation for promotion at the
completion of his initial term of active duty. Your record shows
you were serving as an E-2 upon discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change to your reenlistment code due
your misconduct and failure to meet professional growth criteria.
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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