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NAVY | BCNR | CY2011 | 05454 11
Original file (05454 11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

TUR

Docket No: 5454-11
8 March 2012

 

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 6 March 2012. 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 16 June 1995 at age 18 and began a
period of active duty on 20 February 1996. You served for a year
and 10 months without disciplinary incident, but on 5 December
1997, you received nonjudicial punishment (NJP) for drunken or
reckless operation of a vehicle, specifically, driving while
intoxicated as evidenced by your failed sobriety test. The

punishment imposed was restriction and extra duty for 45 days and
reduction to paygrade E-1.

On 15 June 2004 you received an adverse performance evaluation in
which you were not recommended for reenlistment because of being
disenrolled from school due to academic reasons.

On 22.June 2004, upon completion of your required active service,
you were honorably discharged. At that time you were not
recommended for further retention or reenlistment and were
assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to change your reenlistment code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in your reenlistment code because
of your NUP and academic failure. Further, the Board concluded
that your nonrecommendation for reenlistment was sufficient to
support the assignment of an RE-4 reenlistment code, which is
authorized by regulatory guidance. Accordingly, your application

has been denied.

The Board suggested that you may wish to apply for a waiver of
your RE-4 reenlistment code, if you would like to reenlist, with

branches of the armed forces other than the Navy.

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 PFHIF
Executive a8

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