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NAVY | BCNR | CY2009 | 12763-09
Original file (12763-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

   

SIN
Docket No: 12763-09
16 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 14 September 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

ij uSsti ce.

You enlisted in the Navy and began a period of active duty on

27 March 1991. The Board found that you served without incident
for over two years and were honorably released from active duty
within three months of the end of your term of obligated service
due to insufficient retainability, economic reasons. At that
time you were assigned an RE-3R reenlistment code due to not
meeting the professional growth criteria for reenlistment. An
individual separated in paygrade E-3 who fails to meet the growth
criteria may receive an RE-3R reenlistment code if he is
recommended for advancement to paygrade E-4 at the time of
separation. In this regard, you were assigned the most favorable
reenlistment code based on your circumstances. The RE-3R
reenlistment code may not prohibit reenlistment, but requires
that a waiver be obtained from recruiting personnel who are
responsible for reviewing the feasibility ef satiefying the
Navy’s personnel manning goals by determining whether or not an
individual meets the standards for reenlistment. If you wish to
reenlist, re-affiliate, or be reinstated in the Navy, you should
contact the Navy Recruiting Command via your nearest recruiting

facility.

The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to change your RE-3R reenlistment code, and
the reason for your discharge. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change to your
reenlistment code. Accordingly, your application has been
denied.

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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