DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 01295-09
11 December 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of 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 8 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
4 January 1966. You served for over three years and were
advanced to paygrade E-4. Based on the information currently
contained in your record, on 16 April 1969, you declined
advancement to paygrade E-5 and did not desire to obligate for
required active service. On 20 September 1969, the record states
that that you did not intend to reanlist. Your executive officer
stated that due to your marginal performance and demonstrated
dislike of military life while onboard ship, you. were not being
recommended for reenlistment. On 21 November 1969, you were
honorably released from active duty due to reduction in
authorized strength. At that time you were assigned an RE-4
reenlistment code. You were honorably discharged on 3 January
1972 upon completion of your military obligation.
The Board, in its review of your application, carefully weighed
all potentially mitigating Factors, such as your entire period of
service and the reason you were not recommended fof reenlistment.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in the reenlistment code. In this
regard, an RE-4 reenlistment code is authorized when a Sailor is
separated at the expiration of his term of active obligated
service and is not recommended for retention. 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,
F
Executive Mi tor
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