DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DO 20370-5100
SJN
Docket No: 09858-10
22 June 2011
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.21 June 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 September 2003.. The Board found that on 12 April 2005, you
were convicted by summary court-martial (SCM) of conspiracy,
disobedience, and making a false official statement. On 9 July
2007, you received nonjudicial punishment (NIP) for disobedience.
On 1 August 2007, you signed an enlisted evaluation covering the
period from 16 July 2006 to 15 July 2007 that recommended you for
promotion and retention. However, a review of your record shows
that all of your requirements for advancement to paygrade E-4
were not completed. Subsequently, on 22 September 2007, you were
released from active duty while serving in the paygrade of E-3
and transferred to the Navy Reserve. At that time, you were
assigned a reentry code of RE-4.
Navy directives state that professional growth criteria must be
met before an individual may reenlist. The instruction states,
in part, as follows:
: To satisfy professional growth criteria for the first
reenlistment...the member must be: (1) serving as a petty officer
or, (2) serving in paygrade E-3 having passed an examination for
advancement to paygrade E-4 and be currently recommended for
advancement, or (3) have formerly been a petty officer in current
enlistment and be currently recommended for advancement to
paygrade E-4, Failure to meet the professional growth criteria
may result in denial of further extensions or reenlistment...
An individual separated in paygrade E-3 who fails to meet the
above criteria may receive an RE-3R reentry code if he/she is
recommended for advancement to paygrade E-4 at the time of
separation. If not, the individual must be assigned an RE-4
reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change in the reentry code given your
SCM conviction of serious offenses, NIP, and the fact that
although you were recommended for retention, and were serving in
paygrade E-3, you had not passed an examination for advancement
to paygrade E-4 prior to your release from active duty.
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,
Executive
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