DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX _
WASHINGTON DC 20370-5100 REC
Docket No: 08629-10
16 February 2011
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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 16 February 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
injustice.
You enlisted in the Navy and began a period of active duty on
23 June 2000, at age 21. On 23 October 2009, you received
nonjudicial punishment (NJP) for failure to obey a lawful order.
On 30 November 2009, you were informed and acknowledged the fact
that you were not being recommended for retention or
reenlistment. On 20 July 2010, you were discharged from active
duty while serving in pay grade E-6 and were not recommended for
reenlistment due to substandard behavior. At that time, you were
assigned an RE-4 reenlistment code
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in the reenlistment code,
which was based on your disciplinary record in the pay grade of
E-6. In this regard, an RE-4 reenlistment code is required when
an individual is discharged 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 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.
i ‘ Sincerely,
a
W. DEAN P
Executive
or
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