DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 03837-10
28 January 2011
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 26 January 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
reguiations 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 14 February 1997, and began a period
of active duty on 3 June 1997, at age 23. On i8 April 1998, you
received nonjudicial punishment (NUP) for two incidents of
assault consummated by battery. On 19 August 1999, you received
NIP for failure to obey a lawful order, making a false official
statement, and assault. On 5 November 1999, you received your
third NUP for making a false official statement. You completed
your obligated service honorably. However, you were not promoted
above the pay grade of E-3 during your period of active service.
On 2 August 2000, you were honorably released from active duty
while serving in pay grade E-1, and assigned a reentry code of
RE-4 by reason of not being recommended for retention. On
13 February 2005, you received your discharge from the Navy
Reserve. ;
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 that 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. } :
Whe,Board, in its Ate of your application, carefully weighed
‘M1 potentially mitigating factors, such as your overall record
ef service. Nevertheless, the Board concluded these factors were
hot sufficient to warrant a change in the reentry code, which was
based on overall performance and misconduct. In this regard, an
RE-4 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 or does not 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,
W. bearded,
Executive Director
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