DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
						
						TJR
										Docket No: 4232-06
										11 January 2007

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 9 January 2007. 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 on 4 September 2001 and served for more than three years without disciplinary incident.

On 13 January 2005, while serving in paygrade E-3, you were honorably released from active duty and transferred to the Naval Reserve. At that time you were assigned an RE-3R reenlistment code.

OPNAVINST 1160.5 (series) notes that the professional growth criteria must be met before further extensions or reenlistment may occur. The instruction notes, in part, as follows:

To satisfy professional growth criteria for the first reenlistment (including first enlistment in USN after serving on active duty ad USNR), the member must be:

 (1) serving as a petty officer or, (2) serving in pay-grade E-3 having passed an examination for advancement to paygrade E-4 and be currently recommended for advancement, or (3) have formerly been a petty officer in current enlistment and be currently recommended for advancement to paygrade E-4. Failure to meet the professional growth criteria may result in denial of further extensions or reenlistment.

An individual separated in paygrade E-3 who fails to meet the above criteria may receive an RE-3R reenlistment code if recommended for advancement to paygrade E-4 at the time of separation. Such a code may also be assigned if the individual is recommended for reenlistment by the commanding officer.

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 RE-3R reenlistment code. Such a code is authorized by regulatory guidance and assigned when a Sailor is released from active duty while serving in paygrade E-3 who did not meet the professional growth criteria, but was otherwise recommended for reenlistment. This code does not automatically bar enlistment, but requires a waiver be obtained from recruiting personnel who are responsible for determining whether you meet the standards for reenlistment. Accordingly, our 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,

ROBERT D.L ZSALMAN
Acting Executive Director

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