DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 02540-13
2 April 2014
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 1 April 2014. 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
21 March 1991. The Board found that based on the information
currently contained in your record, you received nonjudicial
punishment (NJP) for dereliction of duty and making a false
official statement. You remained on active duty and were
released honorably on 20 March 1995 while serving in paygrade E-3
and transferred to the Navy Reserve. At that time it appears you
were not recommended for reenlistment and assigned an RE-4
reentry code.
Navy directives state 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 a 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 desire to changé your RE-4 reentry code.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change in the reentry code given
your NJP, and the fact that you received a reentry code
authorized by regulations. Finally, an RE-4 reentry code is
authorized to be assigned to Sailors when they are released from
active duty and 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.
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,
© SBS, Rete
ROBERT DBD. ZSALMAN
Acting Executive Director
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