DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3429-09
28 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, section 1552. ,
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 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 9 January 1984 at age 19. You then
served for five years and were only advanced to E-3. On 23
November 1988, you were counseled that your recommendation for
advancement in rate to radioman third class (RM3) was withdrawn,
that you were not recommended for reenlistment and would be ©
assigned a restrictive reenlistment code of RE-4. You were
released from active duty on 8 January 1989 and transferred to
the Naval Reserve and assigned a reenlistment code of RE-4. On 8
January 1989 you received your honorable discharge from the Navy...
Individuals separated at the expiration of their obligated
service: Naval Operations Instruction (OPNAVINST) 1160.5C notes
that professional growth criteria must be met before an
individual may reenlist. The instruction states, in part, as
Follows: ,
To satisfy professional growth criteria for the first
reenlistment... the member must be; (1) serving as a petty
officer ox, (2} serving in paygrade E-3 having passed an
axatination for advancement to paygrade E-4 and be currently
recommended for advancement, or (3) have formerly been a
petty officer in current enlistment and be currently
recommended for advancement to paygrade E-4. Failure to
meet the professional growth criteria may result in denial
of further extensions or reenlistment...
An individual separated in paygrade E-3 who fails to meet the
above criteria may receive a RE-3R reenlistment code if he is
recommended for advancement to paygrade E-4 at the time of
separation. If not, the individual must be assigned an RE-4
reenlistment code,
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your period of
Satisfactory 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 an individual is separated at the completion of his
term of active service, is not recommended for retention, and has
failed to meet professional growth criteria. 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 ali 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,
Wenge
W. DEAN PHRRI
Executive r r
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