DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100
SIN
Docket No: 02508-09
28 January 2010
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 26 January 2010. 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 ail 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
19 March 2003 at age 17. You served for over three years without
incident until 21 June and 3 July 2007, when you received
nonjudicial punishment (NIP) for 37 days of unauthorized absence,
missing movement, and three instances of disobedience. On 6 July
2007, you signed a separation evaluation covering the period from
22 June to 6 July 2007, which stated that you were not
recommended for retention. You were released under honorable
conditions from active duty by reason of “reduction in force”.
At that time you were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and period
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in your reenlistment code. In
this regard, an RE-4 reenlistment code is required when an
individual is separated due to an “early out” request and is not
recommended for retention. 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 4
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 Dire
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