DEPARTMENT OF THE NAVY
BCARD FOR CORRECTION OF NAVAL RECORDS
701 5S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 2591-14
27 March 2015
Dear (Sy
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.
w
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on |
18 March 2014. The names and votes of the members of the panel
will be furnished upon request. 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
23 December 2009. Although your record is incomplete, the Board
noted that the record reflects that you were the subject of two
nonjudicial punishments (NUJPs) for drunken or reckless operation
of a vehicle.. Your second NUP occurred while you were enrolled
in a substance abuse rehabilitation program. On 22 December
2011, you were honorably released from active duty at the
expiration of your enlistment. At that time, you were not
recommended for retention, and assigned an RE-4 reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, the reason you were not permitted to
reenlist, and character letters. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in your reentry code given your two NJP‘s, and the fact that you
were not recommended for retention. In this regard, an RE-4
reentry code is required when a Sailor is released at the
expiration of his term of active obligated service and is not
recommended for retention. Accordingly, your application has
been denied.
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 within one year from the date of the Board's decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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 cf an official naval record, the burden is on
.the applicant to demonstrate the existence of probable material
error or injustice.
Si el
ROBERT J. O'NEILL
Executive Director
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