DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11975-10
12 August 2011
This 46 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 10 August 2011. The names and votes of the
members of the panel will be furnished upon request.
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 ail 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 4 period of active duty on
31 August 1979 at age 22. You received nonjudicial punishment
(NSP) on two occasions for wrongful use of a temporary vehicle
pass, two instances of unauthorized absence from your unit
totaling two days, and failure to obey a lawful order.
On 1 September 1983, while you were serving in paygrade E-2, you
were released from active duty under honorable conditions. You
were not recommended for retention or reenlistment and were
assigned an RE-4 reenlistment code. A Sailor must be serving in
paygrade E-3 and be recommended for promotion to E-4 to be
eligible for reenlistment.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant a
change in your reenlistment code because of your misconduct,
failure to meet professional growth criteria and the
nonrecommendation for retention, which was sufficient to support
the assignment of an RE-4 reenlistment code and was authorized by
regulatory guidance. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
Tt 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,
Ly Wows .
W. DEAN PF F
Executive Diyec
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