DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 1402-11
8 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 2 November 2009. 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 on 30 August 2004 at age 20 and
immediately began a period of active duty. You served without
disciplinary incident until 3 May 2007, when you received
nonjudicial punishment (NUP) for failure to obey a lawful order,
making a false official statement, and fleeing the scene of an
accident. The punishment imposed was restriction and extra duty
for 45 days, which was suspended for six months, reduction to
paygrade E-3, and a $1,732 forfeiture of pay.
On 29 May 2011, while serving in paygrade E-4, you were honorably
‘released from active duty and transferred to the Navy Reserve
upon completion of your required active service. At that time
you were assigned an RE-1E reenlistment code as a result of your
overall performance and recommendation for reenlistment.
The Board, in its review of your entire record and application,
. carefully weighed all potentially mitigating factors, such as
your youth, overall satisfactory service, and desire to be
reinstated in the Navy and advanced to a higher paygrade.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case. In this regard, the
Board concluded that you were assigned the most appropriate
reenlistment code based on your circumstances, and as such may
geek affiliation with a reserve drilling unit at your nearest
recruiting command. The Board also noted that even though you
were reduced in paygrade at the imposition of an NJP, you were
subsequently promoted to paygrade E-4 prior to your release from
active duty. Accordingly, your application has been denied.
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,
W. DEAN DE
Executive Dbre
NAVY | BCNR | CY2011 | 02426-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 November 2011. 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. On 15 September 1994, while you were serving in paygrade E-2, you were honorably released from active duty, transferred to the inactive Navy...
NAVY | BCNR | CY2011 | 01236-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your — application on 2 November 2011. 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. - Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2010 | 09858-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on.21 June 2011. 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. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reentry code given your SCM conviction of serious...
NAVY | BCNR | CY2010 | 06642-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 March 2011. 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. On 23 July 1971, you were released from active duty while serving in pay grade E-3 and not recommended for retention.
NAVY | BCNR | CY2010 | 03837-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ~ application on 26 January 2011. 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. In this regard, an RE-4 reentry code is authorized when an individual is discharged at the expiration of his term of active obligated service...
NAVY | BCNR | CY2010 | 05298-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 February 2011. You were not recommended for retention or reenlistment and were assigned an RE-4 reenlistment code. 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 .
NAVY | BCNR | CY2011 | 08281-11
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. The record further reflects that you were to be processed for an administrative separation due to the imposition of the NUP. Nonetheless, the record does not reflect such action.
NAVY | BCNR | CY2010 | 06704-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 April 2011. Your record contains an adverse performance evaluation for the period from 8 June 1993 to 30 June 1994 which reflects, in part, that you were not recommended for advancement or retention. 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...
NAVY | BCNR | CY2010 | 11975-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 10 August 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2008 | 00934-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2009. 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. An individual separated in paygrade E-3 who fails to meet the above criteria may receive an RE-3R reenlistment code if he/she is recommended for...