DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3712-09
5 February 2010
§ men Pree
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 27 January 2010. The names and votes of the
members of the panei 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 on i November 1989 at age 19 and served
without disciplinary incident until 7 January 1992, when you
received nonjudicial punishment for absence from your appointed
_ place of duty. The punishment imposed was restriction and extra
duty for ten days and a $100 forfeiture of pay. About a month
later, on 7 February 1992, you signed an administrative remarks
entry in which you acknowledged receipt of an adverse performance
evaluation. On 4 August 1992, within three months of the
completion of your required active service and while you were
serving in paygrade E-2, you were honorably released from active
duty and transferred to the Navy Reserve. You were not
recommended for retention or reenlistment and were assigned an
RE-4 reenlistment code. A Sailor must be serving in paygrade E-3
and be recommended for promotion to E-4 to be eligible for
reenlistment. On 30 July 1997, at the expiration of your
enlistment, you were honorably discharged.
The Board, in its review of your entire record and application,
carefully weighed ail potentially mitigating factors, such as
your youth and desire to change your reenlistment code for
employment purposes. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change in your
reenlistment code because of your misconduct and the
nonrecommendation for reenlistment which was sufficient to
support the assignment of an RE-4 reenlistment code and 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,
A
W. DEAN PFE EB
Executive Di t
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