DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX -
WASHINGTON DC 20370-5100
SIN
Docket No: 03305-09
22 February 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 17 February 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 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
21 August 2002 at age 19. You served without incident for almost
two years until the period from 10 September 2004 to 16 September
2005, when you received three nonjudicial punishments (NJP’s) for
two instances of unauthorized absence, dereliction of duty,
failure to go to your appointed place of duty, insubordinate
conduct, disobedience, drunkenness and being incapacitated for
duty. Based on the information currently contained in your
record it appears your commanding officer did not recommend you
for retention and honorably released you from active duty at the
expiration of your enlistment. 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 overall record
of service. 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 required when a Sailor
is separated at the expiration of his term of active obligated
service 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 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,
Wis
W. DEAN ®F
Executiv Aract
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