DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 07991-09
4. November 2009
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 3 November 2009. 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 bégan a period of active duty on
1 August 1980. Based on the information currently contained in
your record, on 30 June 1980, you signed an agreement to extend
your initial four-year enlistment for 24 months in order to be
guaranteed an assignment into a nuclear field program. On
29 July 1981, you accepted an accelerated advancement to petty
officer third class, and were informed that 12 months of the
agreement could not be: cancelled whether or not you completed the
program.
You served for over three years until 6 March 1985, when you
signed an administrative remarks (NAVPERS 1070/613) entry stating
that you would agree to reenlist or extend your enlistment when
eligible for a period which equaled or exceeded the obligated
service required to complete an 18 month tour. Further, you were
advised and counseled that your refusal would result in the
assignment of an RE-4 reenlistment code. On 31 March 1986, you
signed another NAVPERS 1070/613 entry acknowledging that you had
been informed that you were not eligible for reenlistment due to
your failure to obligate for further service. You were honorably
discharged the same day and assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record 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 expiration of his term of active
obligated service and is not recommended for retention.
Additionally, under the circumstances of your case, the code is
required since you refused to obligate for further service.
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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