DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 06937-10
21 March 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 March 2011. 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
injuatice.
You enlisted in the Navy on 12 June 2003, and served without
disciplinary incident until 13 April 2007, when you received
nonjudicial punishment (NJP) for failure to obey a lawful order.
At the end of obligated service on 11 June 2008, you were
separated in pay grade E-2 with an honorable discharge and
assigned an RE-4 reentry code (not recommended for reenlistment) .
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your claim that your honorable discharge should warrant an RE-1
reentry code. Nevertheless, the Board concluded these factors
were not sufficient to warrant a change to your reentry code
because of your NUP, non-recommendation for retention, and
failure to be serving in pay grade E-3 at the end of your First
enlistment. 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. DEAN PFI]
Executive
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