DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 0305-10
1 March 2010
This is in reference bo 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 18 February 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 on 21 April 1989 at age 18. You served
without incident for over three years until 16 October 1992, when
you received nonjudicial punishment for failure to go to your
_ appointed place of duty. The punishment imposed was confinement
to correctional custody for 30 days and reduction in paygrade to
E-2. The reduction in paygrade was suspended for six months. On
29 January 1993 your commanding officer vacated the suspension
due to further misconduct and you were reduced in paygrade to _
E-2. On 20 April 1993, while you were serving in paygrade E-2,
you were honorably released from active duty and transferred to
the Navy Reserve. Based on the information currently contained
in your record it appears that you were not recommended for
retention or reenlistment and were assigned an RE-4 reenlistment
code. A Sailor must be serving in paygrade E-3 and be
recommended for promotion to E-4 to be eligible for reenlistment.
-The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your period of
satisfactory service. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change in the
i?
reenlistment code. In this regard, an RE-4 reenlistment code is
required when an individual is separated at the completion of his
term of active service, and has failed to meet professional
growth criteria. 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,
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