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NAVY | BCNR | CY2010 | 06338-10
Original file (06338-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

SIN
Docket No: 06338-10
4 doril 2011

 

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.

BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 March 2011. The names and votes of the members
of the panel will be furnished upon request. 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 policiee.

aiter 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 and began a period of active duty on

14 January 2004. The Board found you served over three years
without incident until 13 July 2007, when you were the subject of
nonjudicial punishment (NJP) for disrespect. You continued to
serve until you were honorably released from active duty on

13 January 2008, at the expiration of your enlistment. Your
final evaluation states, in part, that you started out as a front
runner with a bright Navy future but your performance had
deteriorated. Your total disrespect for your chain of command,
negative attitude, inability to lead and provide positive
influence for subordinates had a detrimental effect on your
command. At that time, you were not recommended for retention
based on your poor performance, and assigned an RE-4 reentry

code.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and the reason you were not permitted to reenlist.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in the reentry code. In this
regard, an RE-4 reentry code is required when a Sailor is
separated 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 capnot be taken. You are entitled to have the
Board reconsider its Ogctsson upon submission of new and material
gvidence or other matter not previously considered by the Board.
un this regard, it i# important to keep in mind that a
presumption of regularity attaches to all official records.

onsequently, 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,

LaRosa
W. DEAN

Executive \Director

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