DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11281-0609
13 August 2010
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 4 August 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
10 October 2002 at age 22. On 26 December 2004 you received a
written administrative counseling warning for violation of the
USS HARRY §. TRUMAN (CVN 75) liberty policy by participating in
unauthorized overnight liberty while in a foreign port. On
16 December 2005, you were convicted by summary court-martial of
failure to obey a lawful order. On 23 January 2006, you were
convicted in the Norfolk General District Court, Norfolk,
Virginia, of reckless driving and fined $317 including court
costs. On 9 October 2006, you were honorably released from
active duty and transferred to the Navy Reserve upon completion
of your required active service, and assigned an RE-3R
reenlistment code.
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.
Additionally, an RE-3R reenlistment code may not prohibit
reenlistment, but requires that a waiver be obtained from
recruiting personnel who are responsible for determining whether
you meet the requirements for reenlistment. 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
gvidence or other matter not previously considered by the Board.
qgi this regard, it is important to keep in mind that a
esumption of regularity attaches to all official records.
onsequently, when applying for a correction of an official naval
core. the burden is on the applicant to demonstrate the
dxistence of probable material error or injustice.
Sincerely,
La WeaAwde:
W. DEAN PF RR
Executive Diréctor
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