DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 04381-09
9 April 2010
This is in reference to 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 6 April 2005. 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 ail material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
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
18 February 1982 at age 19. During your enlistment, you received
nonjudicial punishment (NIP) for uttering 10 bad checks. You
received a forfeiture of pay, reduction in paygrade, and extra
duty. Additionaily, you were counseled about your deficiencies
in your performance and conduct, a breach of the peace, failure
to pay your debts, and that you were not eligible for
reenlistment due to substandard service. Further, you were
warned that further deficiencies in your performance oF conduct
could result in administrative discharged action. On 17 June
1989, you were honorably discharge from active duty at the
expiration of your enlistment. At that time you were not
recommended for reenlistment and assigned an RE-4 reenlistment
code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your entire period of
service and the fact that you were not permitted to reenlist.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in the reenlistment code. fn this
regard, an RE-4 reenlistment code is required when a Sailor
is discharged at the expiration of there 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,
Wad
W. DEAN PF
Executive Di
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