DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 4595-09
26 March 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 17 March 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 16 December 1988 at age 21. You
served without incident for over three years until 27 October
1992, when you received nonjudicial punishment for disrespect
toward a noncommissioned officer and drunk and disorderly
conduct. The punishment imposed was reduction in paygrade to E-3
and restriction for 45 days. The restriction was suspended for
Six months. On 15 December 1992, while you were serving in
paygrade E-3, you were honorably released from active duty and
transferred to the Naval Reserve. At that time, you were
assigned an RE-3R 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. Personnel separated with an RE-3R
reenlistment code may reenlist at a Navy recruiting activity for
a period of two years with approval of Chief of Naval Personnel
{CHNAVPERS) (Pers-321). 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,
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