DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 01792-09
2 June 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 21 May 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you served on active duty in the Navy from
1 September 1999 to 31 October 2003, when you were released from
active duty by reason of completion of required service, and
assigned a reentry code of RE-4.
The Board concluded that you were assigned the RE-4 reentry code
for a number of reasons, to include your substandard performance
of duty over an extended period of time, punitive reduction to
grade E-3, failure of the physical fitness assessment, and your
commanding officer’s recommendations of 25 November 2002 and 10
October 2003 that you not be retained.
In view of the foregoing, and as you have not demonstrated that
it would be in the interest of justice for the Board to assign
you a more favorable reentry code as an exception to policy,
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,
W. Lo
Executive Dir tor
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