DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 10545-09
9 July 2010
De 2 rllppgaaait
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 8 July 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 and began a period of active duty on
18 July 1980, at age 18. On 6 November 1991, you signed and
agreed to a 48 month period of active duty to accept orders. On
29 April 1991, you declined to extend your enlistment to fulfill
your obligation and were informed that you would receive a
reenlistment code of RE-4 upon your discharge. On 29 April 1991,
you were honorably discharged from active duty while serving in
pay grade E-6 and were not recommended for reenlistment due to
your refusal to obligate for the orders you received.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in the reenlistment code,
which was based on your refusal to obligate for orders. In this
regard, an RE-4 reenlistment code is authorized when an
individual is discharged at the expiration of his term of active
obligated service and is not recommended for retention.
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,
LOQaa 4]
W. DEAN PF
Executive D
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