DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 10853-10
27 July 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.
R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 July 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 reenlisted in the Navy Reserve on 5 March 2005. Based on the
information currently contained in your record it appears that
you were subsequently involuntarily processed for separation by
reason of unsatisfactory performance. In connection with this
processing, you would have been afforded the right to acknowledge
the separation action and the separation authority would have
approved a recommendation for separation. The record clearly
shows that on 9 August 2008, you were discharged by reason of
unsatisfactory performance. At that time you were assigned an
RE-4 reentry code, which means that you were neither recommended
nor eligible for reenlistment.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
and prior honorable service. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in the
narrative reason and reentry code given the non-recommendation
for reenlistment. Concerning your approved transfer to the
Individual Ready Reserve, there is no evidence in the record and
you submitted none to support your assertion. 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,
\pYmard
W. DEAN PFE
Executive Dive
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