DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 5479-14
3 June 2015
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.
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
27 May 2015. 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
30 August 2000. On 1 July 2005, you signed and enlisted
evaluation report covering the period from 16 June 2004 to
15 June 2005, that stated, in part, that you were not recommended
for promotion or retention due to your failure of three physical
readiness fitness test within a four your period. You remained
on active duty until you were honorably released from active duty
at the completion of your required active service on 29 December
2005. At that time you were assigned an RE-4 reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and the reason you were not permitted to reenlist.
Nevertheless, the Board concluded these factors were not
sufficient to warrant a change to your reentry code. In this
regard, an RE-4 reentry code is required when a Sailor is
released at the expiration of their 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 of an official naval record, the burden is on
the applicant to demonstrate the existence of probable material
error or injustice.
Sin el
ROBERT J. O'NEILL
Executive Director
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