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NAVY | BCNR | CY2013 | NR5819 13
Original file (NR5819 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

BUG
Docket No: 5819-13
2 June 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 28 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 that the evidence submitted was

insufficient to establish the existence of probable material
error or injustice.

You reenlisted in the Navy on 18 October 2000 after more than
five years of prior honorable service. You received an adverse
performance evaluation on 15 September 2011 which documented
your failure of the Physical Fitness Assessment and you were not
recommended for promotion. On 30 September 2011, you received
an honorable characterization of service at the end of your

enlistment, and were assigned an RE-4 (not recommended for
reenlistment) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, and contention that only the Navy Personnel
Command (NPC) can issue a chief petty officer an RE-4 reentry
code. However, the Board concluded that you were correctly
assigned the RE-4 reentry code in light of your substandard
performance and non-recommendation for reenlistment. You are
advised that you had to object to your denial of reenlistment to
have NPC make the final determination regarding your reentry
code. You are further advised that the mere passage of time or
post service good conduct do not require the upgrade of a
reentry code. Finally, the Board has not authority to award
punitive damages. in view of the above, 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,

SRS

ROBERT D. ZSALMAN
Acting Executive Director

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