DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106 REC
Docket No: 13047-09
25 January 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 20 January 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
14 July 1971, at age 18. On 4 July 1974, you received
nonjudicial punishment (NJP) for failure to obey a lawful order
and dereliction of duty. On 30 June 1975, you were informed and
acknowledged the fact that you were not being recommended for
retention or reenlistment in the Navy. On 10 July 1975, you were
discharged from active duty while serving in paygrade E-4 and
were not recommended for reenlistment due to substandard behavior
for your negative attitude, and lack of respect for authority.
At that time, you were assigned an RE-4 reenlistment code. The
Board found that you had reached service limitations for pay
grade E-4. To be recommended for reeniistment, a Sailor must be
Serving in pay grade E-4, or have passed the E-5 advancement
examination and be recommended for promotion.
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,
which was based on your disciplinary record, substandard
behavior, and service limitations for pay grade E-4. In this
regard, an RE-4 reenlistment code is required when an individual
is discharged 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,
dea
W. DEAN PF
Executive to
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