DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00524-09
24 November 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 18 November 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
21 June 1993, at age 20. On 11 November 1993, you were notified
that administrative discharge procedures were initiated. Your
Commanding Officer recommended that you be administratively
separated from the Navy for performance and conduct.
Subsequently, on 25 November 1933, you were discharged with an
entry level separation by reason of performance and conduct. At
that time, you were assigned a reenlistment code of RE-4.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as overall record of
service, and your youth. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change in the
reenlistment code, which was based on your disciplinary record,
and substandard behavior. In this regard, an RE-4 reenlistment
code is required when an individual is discharged with an entry.
level separation and less than 180 days of service. The Board
noted that applicable regulations require the assignment of an
_ RE-4 reenlistment code to individuals who are separate due to
performance and conduct. The Board thus concluded that there is
no error or injustice in your 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,
loa. Ea,!
W. DEAN PFE BR
Executive Ds
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