DEPARTMENT OF THE NAVY
fe) BOARD FOR CORRECTION OF NAVAL RECORDS
y/ 2 NAVY ANNEX
WASHINGTON DC 20370-5100
Bs
TAL
Docket No: 8273-10
15 April 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 13 April 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
nn uSstice:
You enlisted in the Navy and began a period of active duty on
27 August 1999 at age 22. You received nonjudicial punishment
(NUP) on two occasions for drunken operation of a vehicle,
unauthorized absence from your appointed place of duty and
snsubordinate conduct toward a superior noncommissioned officer.
You were honorably released from active duty at the completion of
your required service and at that time you were assigned an RE-4
reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service and desire to affiliate with the Army National
Guard. 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 an individual is
separated at the completion of his term of active 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.
ae
Fach branch of the armed forces established its own criteria for
enlistment within the provisions of federal law. The
reenlistment code assigned by the Navy is not binding upon the
other services, which are free to accept or reject an application
on the basis of their own standards. If another branch of
service decides to waive your reenlistment code and accept you
for enlistment, the Navy will not object.
It is regretted that the circumstances of your case are such that
favorable action @annot 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,i 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,
lp Den’
W. DEAN PF
Executive e or
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