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NAVY | BCNR | CY2013 | NR3108 13
Original file (NR3108 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

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

BC
Docket No: 03108-13
1 May 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 30 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

8 January 2008, at age 20. On 3 March 2011, you received
nonjudical punishment (NJP) for three incidents of failure to go
to your appointed place of duty and failure to obey a lawful
order. On a special evaluation for the period of 15 July 2010
through 23 March 2011, you received two adverse performance
trait marks of 1.0 in military bearing/character and personal
job accomplishment/initiative. Ona periodic evaluation

your failure of the physical fitness assessment. It was also
noted on that evaluation that you had received three NJP’s and
were not recommended for retention. On your final evaluation
you were not recommended for retention or promotion in pay grade
E-2. On 7 January 2012, you were honorably discharged from
active duty while serving in pay grade E-2. You were assigned
an RE-4 (not recommended for retention) reentry code.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors present in your case,
including you contention that you should have been promoted to
pay grade E-3 while on terminal leave. Nevertheless, the Board
concluded those factors were insufficient to warrant a change in
“the reentry code based on your non-recommendation for retention
‘in pay grade E-2 and the fact that you received performance
trait marks of 1.0. In this regard, an RE-4 reentry code is
required when an individual is discharged at the expiration of
his term of enlistment while serving in pay grade E-2 and is not
recommended for retention or promotion. 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,
ctier> Genee

ROBERT D. ZSALMAN
Acting Executive Director

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