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NAVY | BCNR | CY2009 | 03377-09
Original file (03377-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
7 WASHINGTON DC 20370-5100

TAL
Docket No: 3377-09
19 January 2010

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, United
States Code, Séctien. 1552.

A three-member panel of the Board for Correction of Naval |
Records, sitting in executive session, considered your
application on 5 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 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 2 February 1987. You served for
eight years and were advanced to paygrade E-5. On 17 November
1994 you signed an agreement to extend your enlistment for an
additional four months to attend electronic warfare school. On 3
February 1995, you signed a page 13 acknowledging that you were
not eligible for reenlistment due to your refusal to honor your
agreement to obligate service for permanent change of station
orders for assignment to Fleet Air Reconnaissance Squadron Five
(VO-5) North Island, California. You were honorably discharged
from active duty and 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 entire period of
service and the reason you were not permitted to reenlist.
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 an individual
is separated at the completion of his term of active service and

igs not recommended for retention. Accordingly, your application
has been denied. The names and votes of the members of the panei
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,

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