DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5398-13
21 May 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 14 May 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 Reserve and began a period of active
duty on 3 October 1989 at age 18. On 23 October 1992, you
received nonjudicial punishment for failure to obey a lawful
regulation. You served for more than three years and six
months, and were only advanced to paygrade E-3. You were
honorably released from active duty on 2 April 1993, transferred
to the Navy Reserve and assigned a reenlistment code of RE-4.
Individuals separated at the expiration of their obligated
service: Naval Operations Instruction (OPNAVINST) 1160.5C notes
that professional growth criteria must be met before a Sailor
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...
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 the
reenlistment code. In this regard, an RE-4 reenlistment code is
required when an individual is separated at the completion of
his term of active service, is not recommended for retention,
and has failed to meet professional growth criteria.
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,
Rt D., ee
ROBERT D. ZSALMAN
Acting Executive Director
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