DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 6308-14
9 July 2015
Dear a,
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 considered 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
17 June 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
inj}Uustice.
You enlisted in the Navy and began a period of active duty on
18 June 2001. You served for three years and 10 months without
disciplinary incident; but on 12 May 2005, you received
nonjudicial punishment (NJP) for unauthorized absence (UA) from
your unit for a period of 10 days and missing ship’s movement.
On 27 July 2005, you were honorably released from active duty
and assigned an RE-4 (not recommended for retention)
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change your reenlistment code for possible
reentry into the armed forces. Nevertheless, the Board
concluded these factors were not sufficient to warrant a change
in your reenlistment code given the non-recommendation for
reenlistment which was sufficient to support the assignment of
an RE-4. Accordingly, your application has been denied.
Each branch of the Armed Forces established its own criteria for
enlistment within the provisions of federal law. The
reenlistment code assigned by the Navy is not binding upon the
other services, which are free to accept or reject an
application on the basis of their own standards. If another
branch of service decides to waive your reenlistment code and
accept you for enlistment, the Navy will not object.
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.
Sincergly,
ROBERT J. O'NEILL
Executive Director
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