DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TJR
Docket No: 3755-06
29 November 2006

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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 November 2006. 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 Naval Reserve and began a period of active duty on 27 January 1983. You served for nearly two years without disciplinary incident, but on 19 December 1984 you were convicted by civil court of driving under the influence of alcohol, negligent driving, and misuse of a pass. You were sentenced to confinement for 365 days and a $950 fine. However, 364 days of the confinement were suspended and $350 of the forfeitures were suspended for one year.

On 25 November 1985 you received nonjudicial punishment (NJP) for failure to report a crime and were awarded restriction for 10 days.

Your record contains an administrative remarks entry dated 2 December 1986 which states that you were not recommended for reenlistment due to substandard professional performance.
On 26 January 1987, while serving in paygrade E-3, you were honorably released from active duty and transferred to the Naval Reserve upon completion of your required active duty. At that time you were assigned an RE-4 reenlistment code.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and desire to reenlist. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code because of the misconduct in both the civilian and military communities, the nonrecommendation for reenlistment because of your substandard performance, and your failure to advance beyond paygrade E-3. Finally, such a code is required when a Sailor is not recommended for reenlistment. 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,

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