DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX eet
WASHINGTON DC 20370-5100 ~” REC
Docket No: 00695-09
9 December 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 3 December 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
24 October 2001 at. age 20. On 29 September 2004, you received
nonjudicial punishment (NJP) for a period of unauthorized
absence. You received a forfeiture of $797, and 30 days in the
Correctional Custody Unit. On 23 October 2005, you were
discharged from active duty while serving in paygrade E-3 and
were. not recommended for reenlistment due to substandard
behavior. At that time, you were assigned an RE-4 reenlistment
code. The Board found that you had reached service limitations
for pay grade E-3. To be recommended for reenlistment, a Sailor
must be serving in pay grade E-4, or have passed the E-5
advancement examination and be recommended for promotion.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as overall record of
service. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in the reenlistment code,
which was based on your disciplinary record, substandard
behavior, and failure to meet professional growth criteria. in
this regard, an RE-4 reenlistment code is required when an
individual is discharged at the expiration of his term of active
obligated service and is not recommended for retention
e @
-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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