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NAVY | BCNR | CY2010 | 01181-10
Original file (01181-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC

Docket No: 01181-10
4 November 2010

 

 

ee eel

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 3 November 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 31 October 1990, and began a period
of active duty on 1 August 1991, at age 17. You completed your
obligated service honorably. However, you did not get promoted
above the pay grade of E-3. On 18 June 1993, you were honorably
discharged from active duty while serving in pay grade E-3. You
were released from active duty on 18 June 1993, transferred to
the Naval Reserve and assigned a reentry code of RE-3R. On

30 October 1998, you received your discharge from the Navy.

 

Individuals separated at the expiration of their obligated
service will not be recommended for retention if they do not meet
professional growth criteria. OPNAVINST 1160.5C defines the
professional growth criteria must be met before an individual may
reenlist. The instruction states, in part, as follows:

To satisfy professional growth criteria for the first
reenlistment, the member must be: (1) serving as a petty
officer or, (2) serving in paygrade E-3 having passed an
examination for advancement to paygrade E-4 and be currently
recommended for advancement, or (3) have formerly been a
petty officer in current enlistment and be currently
recommended for advancement to paygrade E-4. Failure to
meet the professional growth criteria may result in denial
of further extensions or reenlistment...

An individual separated in paygrade E-3 who fails to meet the
above criteria may receive an RE-3R reentry code if he/she is
recommended for advancement to paygrade E-4 at the time of

separation. If not, the individual must be assigned an RE-4
reentry code.

Phe 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 reentry code, which was
based on overall performance. In this regard, an RE-3R reentry
code is authorized 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,
ly Doss

W. DEAN
Executive i tor

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