DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 09261-13
31 July 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 July 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 StatUres',
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 on 5 June 2001. On 24 July 2006, you
were convicted by a summary court-martial (SCM) of assault
consummated by a battery and sentenced to reduction in pay grade
and 60 days restriction. On 2 November 2011, you were honorably
discharged from active duty while serving in pay grade E-5 and
assigned a waivable RE-3M (non-retention on active duty) reentry
code.
The Board found the RE-3M reentry code is required when an
individual is discharged at the expiration of his term of
enlistment and is not recommended for retention in his current
rate. You were assigned the most favorable reentry code under
your circumstances. The only other reentry code which could
have been assigned was RE-4 (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,
Rei
+ ROBERT D. ZSALMAN
‘ Acting Executive Director
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