DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06556-i1
21 July 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 10 of the 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 19 July 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 alli material submitted in support
thereof, your naval record, and applicabie 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
28 March 2002. The Board found you were convicted by summary
court-martial (SCM) of making a false official statement,
larceny, forgery, and fraud against the United States. You were
sentenced to 60 days restriction, a reduction in paygrade, and a
suspended forfeiture. On 16 January 2006, you signed a
performance evaluation covering the period from 16 July to
2 December 2005, that removed your recommendation for advancement
and retention due to you failing the physical fitness assessment
three times in a four year period. Additionally, it stated you
had all the attributes to excel but lacked the initiative to
accomplish the smallest task without constant supervision. On 26
February 2006, you were honorably released from active duty by
reason of “reduction in force”. At that time you were assigned
an RE-4 reenlistment code. You were discharged on 14 March 2010.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service, and interest in joining the Army. Nevertheless, the
Board concluded these factors were not sufficient to warrant a
change in your reenlistment code given your SCM conviction of
very serious offenses, and unfavorable recommendation for
advancement or retention by your commanding officer. In this
regard, an RE-4 reenlistment code is authorized when an
individual is separated due to a “reduction in force” 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.
With regard to your paygrade on your DD Form 214 at the time of
your discharge, because your request is for an administrative
correction which does not require action by this Board, you may
submit a request to the Department of the Navy, Navy Personnel
Command (BUPERS), Code Pers-312, 5720 Integrity Drive,
Millington, Tennessee 38055-3120.
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 PFE
Executive D x
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