DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100
TOR
Docket No: 2339-09
23 February 2010
This is in reference to your application 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 23 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 Reserve on 28 July 1996 at age 20, began
a four-year period of active duty on 18 November 1996, and served
without disciplinary incident.
On 10 July 1997 you accepted an accelerated advancement to
paygrade E-4 and agreed to extend your enlistment by one year.
As a result of this action, your enlistment obligation was
changed from four to five years.
Your record contains a performance evaluation for the period 4
September 1999 to 15 March 2000 which states, in part, that you
were recommended for: retention. On 16 June 2000 you were
advanced to paygrade E-5. However, the performance evaluation
for the period from 16 March to 17 November 2000 states, in part,
that you were not recommended for retention because you did not
complete your obligated service requirements as stipulated in
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your 10 July 1997 agreement. The reporting senior also stated
that although your work ethic was outstanding, your performance
was overshadowed by your disregard of the Navy Core Values of
Courage, Honor, and Commitment when you elected to be separated
without completing your obligated five year enlistment.
On 17 November 2000, upon completion of a four year period of
required active service, you were honorably released and
transferred from active duty. At that time you were not
recommended for retention or reenlistment and were assigned an
RE-4 reenlistment code. On 27 June 2004 you were honorably
discharged at the expiration of your enlistment.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code. It also
considered the supporting documentation provided with your
application. Nevertheless, the Board concluded these factors
were not sufficient to warrant a change in your reenlistment code
because of your acceptance of an accelerated paygrade advancement
contingent on your agreement to extend your enlistment, but you
failed to complete this five year obligation. Further, the Board
concluded that your 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 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. wens . R
Executive \bi tor
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