DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 00171-12
18 October 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 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 16 October 2012. 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
6 November 2000. On 16 January 2003, you received nonjudicial
punishment (NJP) for 28 days of unauthorized absence (UA),
missing ship’s movement, and driving under the influence of
alcohol. You received a reduction in paygrade, a forfeiture of
pay, restriction, and extra duty. You remained on active duty
and were honorably released on 5 November 2004, and transferred
to the Navy Reserve. At that time you were assigned an RE-4
reentry code. You received an honorable discharge at the
completion of your required obligated service on 12 October 2008.
Operational Navy Instruction (OPNAVINST 1160.5C) notes that
professional growth criteria must be met before an individual 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.
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 advancement to paygrade E-4 at the time of
separation. If not, the individual must be assigned an RE-4
reenlistment code.
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 your reentry
code given your NUP for serious offenses, the fact that you were
not recommended for reenlistment, and failure to meet the
professional growth criteria for retention. 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,
ae | Dect, iia gpm
ROBERT D. SALMAN
Acting Executive Director
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