DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 2426-11
29 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 22 November 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 Reserve and began a period of active
duty on 16 September 1992 at age 18. On 5 August 1994, you
received nonjudicial punishment for disobeying a lawful
regulation by drinking alcohol under the age of DL. Tne
punishment imposed was a forfeiture of pay, extra duties and
reduction in paygrade to E-2. On 15 September 1994, while you
were serving in paygrade E-2, you were honorably released from
active duty, transferred to the inactive Navy Reserve and
assigned a reentry code of RE-4.
Individuals separated at the expiration of their obligated
service: Naval Operations Instruction (OPNAVINST) 1160.5C notes
that professional growth criteria must be met before a Sailor 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...
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your period of
satisfactory service. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change in the reentry
code. In this regard, an RE-4 reentry code is required when an
individual is separated at the completion of his term of active
service, is not recommended for retention, and has failed to meet
professional growth criteria. 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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