“DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
' 2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 01169-09
8 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 1 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 April 1995 .at age 18. You served without incident for over
two ‘years until 23 January 1998, when you received nonjudicial
punishment (NUP) for unauthorized absence, and making a false
official statement. You received a forfeiture of pay,
restriction, extra duties, and a reduction in paygrade. On
24 April 1998, although you were recommended for retention, you
were released from active duty while serving in paygrade E-2 and
transferred to the Naval Reserve. At that time you were assigned
a reenlistment code of RE-4. You were discharged at the
completion of your obligated service on 8. February 2002.
For Sailors separated at the expiration of their first period of
obligated service, Navy regulations state that professional —
growth criteria must be met before they may reenlist. The
instruction states, in part, as follows:
To satisfy professional growth criteria for the first
reenlistment... the member must be: (1) serving as a petty
officer or, (2) serving in paygrade E-3 having passed an
examination for advancement to paygrade E-4 and be currently
recommended for advancement, or. (3) have formerly been a
petty officer in current enlistment and be currently
recommended for advancement to paygrade E-4. Failure to
meet the professional growth criteria may result in denial
of further extensions or reenlistment...
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your period of
satisfactory service. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change in the
reenlistment code because of your NUP, and the fact that you were
not serving in paygrade E-3 and recommended for advancement at
the time of your separation from the Navy. In this regard, you
received a reenlistment code authorized by Navy regulations.
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 1s 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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