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NAVY | BCNR | CY2011 | 00942-11
Original file (00942-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SJN
Docket No: 00942-11
2 November 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 i November 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 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

1 May 1986. The Board found that although your record is
incomplete, entries revealed you received two nonjudicial
punishments (NJP‘s) for dereliction of duty and an unknown
offense. You were also convicted by a summary court-martial
(SCM) of an unknown offense. Additionally, you had three periods
of lost time totaling 58 days. You remained on active duty and
were honorably released from active duty at the expiration of
your enlistment on 4 October 1991. At that time you were not
recommended for reenlistment and assigned an RE-4 reenlistment
code. You were honorably discharged on 23 April 1994.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and the reason you were not permitted to reenlist.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in the reenlistment code. In this
regard, an RE-4 reenlistment code is required when a Sailor is
separated at the expiration of their 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 ig 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,

\D Vonks

W. DEAN PHEI
Executive tor

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