DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 00970-12
7 November 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 6 November 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 and began a period of active duty on
24 September 2001. The Board found that on 2 February 2009, you
received nonjudicial punishment for disobedience. On 8 May 2009,
you were convicted by civil authorities of assault with a deadly
weapon. On 21 September 2009, you signed an evaluation report
covering the period from 16 March 2009 to 21 September 2009, that
did not recommend you for retention because of misconduct and
your civil conviction. You were honorably discharged from active
duty at the expiration of your enlistment with a narrative reason
of “non-retention on active duty” on 30 September 2009. At that
time you were assigned an RE-4 reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and the reason you were not permitted to reenlist.
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 a Sailor is
separated at the expiration of his term of active obligated
service and is not recommended for retention. Additionally,
under the circumstances of your case, the code is required when
the narrative reason for separation is “non-retention on 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,
Burra erg
for ROBERT D. ZSALMAN
Acting Executive Director
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