DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TUR
Docket No: 2275-09
17 February 2010
for correction of your
naval record pursuant to the provisions of Title 10, 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 February 2010. The names and votes of the
members of the panel will be furnished upon request.
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 on 24 May 2000 at age 21 and began a
period of active duty on 17 October 2000. You served for nearly
six years without disciplinary incident. However, on 26 March
2006, you received nonjudicial punishment (NIP) for failure to
obey a lawful order and absence from your appointed place of
auty.
Your record contains an enlisted performance evaluation for the
period from 16 March 2006 to 15 Mareh 2007 in which you received
an overall trait average (OTA) of 2.00. The reporting senior
stated, in part, that you were a below average performer who
produced satisfactory results only under constant supervision.
Tt was also stated that you had received NUP and were relieved of
your duties as the message center operator; failed to complete
certain qualifications within a prescribed 18-month period; and
were not recommended for advancement or retention, Your
separation performance evaluation for the period from 16 March to
16 April 2007 also reflects that your OTA was 2,00 and again you
were not recommended for advancement or retention.
On 16 April 2007, upon completion of your required active
service, you were honorably released from active duty and
transferred to the Navy Reserve. You were not recommended for
retention or reenlistment and were assigned an RE-4 reenlistment
code. On 23 May 2008, at the expiration of your enlistment, you
were honorably discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, period of satisfactory, and desire to change your
reenlistment code so that you may reenlist. Nevertheless, the
Board concluded these factors were not sufficient to warrant a
change in your reenlistment code because the nonrecommendation
for reenlistment was sufficient to support the assignment of an
RE-4 reenlistment code, which is authorized by regulatory
guidance. Accordingly, your application has been denied.
It is regretted that the circumstances of your case are such that
favorable action camnot 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,
Executive Dive
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