DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 00887-10
20 October 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 19 October 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 reenlisted in the Navy on 27 February 2006 after eight years
of honorable service. You served for over 12 years and were
advanced to paygrade E-5. The Board found that on 2 December
2007, you were counseled about your failure to pay your debts,
and warned that further deficiencies in your performance or
conduct could result in administrative discharge action. At that
time you were indebted to the Navy Exchange for approximately
$6,636, your wages were being garnished for $980, and you had two
car loans in the amounts of $23,170 and $33,502, respectively,
one of which you were behind in payments. Based on the
information currently contained in your record, on 9 October
2009, Commander, Navy Personnel Command, directed that you were
not eligible to reenlist or extend your enlistment due to your
security clearance being revoked. Subsequently, you were
honorably discharged at the expiration of your enlistment with a
narrative reason of “Non-retention on Active Duty”. At that time
you were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service, last period of service and the reasons 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 an individual is separated at the expiration of his
term of active obligated service and is not recommended for
‘retention. Additionally, under the circumstances of your case,
the code is regwared when the narrative reason for separation is
Won-retention on Active Duty.” 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,
\o eas
W. DEAN P
Executive or
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