DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 12792-09
16 September 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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
injustice.
You enlisted in the Navy and began a period of active duty on
14 September 2001. The Board found you served without incident
for over four years until 21 June 2006, when you were convicted
by special court-martial (SPCM) of making false official
statements, wrongfully importing Dianabol and Deca Durabolin,
controlled substances, into the United States, and using
steroids. You were sentenced to a reduction in paygrade, a
forfeiture of pay, confinement, and a reprimand. You were
allowed to remain on active duty and were honorably released from
active duty on 7 October 2006, at the expiration of your
enlistment. At that time, you were not recommended for retention
based on your SPCM conviction, and assigned an RE-4 reenlistment
code. You were honorably discharged on 13 September 2009.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and the reason you were not permitted to reenlist.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in the reenlistment code. In this
regard, an RE-4 reenlistment code is required when a Sailor is
separated 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,
ly
y-& F
irelAgo
Executive
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