DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 10727-09
12 August 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
a States Code, Section 1552.
A three-member panel of the Board ‘for Correction of Naval
Records, sitting in executive session, considered your
application on 10 August 2010. ‘The names and votes of the
members of the panel 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 14 February 1995 at age 24 and began
a period of active duty. You served for approximately five years
and four months without disciplinary incident, but on 9 June
2000, you received nonjudicial punishment (NJP) for absence from
your appointed place of duty. The punishment imposed was
reduction to paygrade E-4, a $200 forfeiture of pay, and
restriction for 45 days. The forfeitures and reduction were
suspended for four months. About two months later, on 1 August
2000, you received a performance evaluation which stated, in
part, that due to the NJP and other significant problems, you
were not recommended for retention.
On 1 September 2000, while serving in paygrade E-4 and upon
completion of your required active service, you were honorably
released from active duty and transferred to the Navy Reserve.
At that time you were not recommended for reenlistment and were
assigned an RE-4 reenlistment code. On 21 August 2002 you were
honorably discharged at the expiration of your enlistment.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code so that
you may reenlist. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change in your
reenlistment code because of your misconduct which resulted in
NJP. Further, the Board concluded that your misconduct and
nonrecommendation for reenlistment were sufficient to support the
,assignment of an RE-4 reenlistment code, which is authorized by
“xégulatory guidance. Accordingly, your application has been
‘denied.
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The Board suggested that you may wish to apply for a waiver of
your RE-4 reenlistment code with branches of the armed forces
other than the Navy.
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,
Loan
W. DEAN PFE
Executive Dixécto
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