DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 12421-09
2 September 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 31 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
30 September 1995. Based on the information currently contained
in your record you received two nonjudicial punishments (NJP’s)
for disrespect toward a commissioned officer, dereliction of
duty, disobedience, making a false official statement, three days
of unauthorized absence, and impersonating a petty officer. You
were released from active duty on 29 September 1999 while serving
in paygrade E-2 and transferred to the Naval Reserve. At that
time you were assigned a reenlistment code of RE-4. You were so
discharged on 14 September 2003.
Navy directives state that professional growth criteria must be
met before an individual may reenlist. The instruction states,
in part, as follows:
To satisfy professional growth criteria for the first
reenlistment... the member must be: (1) serving as a petty
officer or, (2) serving in paygrade E-3 having passed an
examination for advancement to paygrade E-4 and be currently
recommended for advancement, or (3) have formerly been a
petty officer in current enlistment and be currently
recommended for advancement to paygrade E-4. Failure to
meet the professional growth criteria may result in denial
of further extensions or reenlistment...
An individual separated in paygrade E-3 who fails to meet the
above criteria may receive a RE-3R reenlistment code if he/she is
recommended for advancement to paygrade E-4 at the time of
separation. If not, the individual must be assigned a RE-4
reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in the reenlistment code given
your two NJP’s for serious offenses, and the fact that you
received a reenlistment code authorized by regulations.
Further, your Certificate of Release or Discharge from Active
Duty (DD Form 214) shows that you failed to qualify for a Good
Conduct Medal, thus indicating that you received disciplinary
action. Finally, an RE-4 reenlistment code is authorized to be
assigned to Sailors when they are released from active duty and
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,
LQeo Speed
W. DEAN P
Executive D oO
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