DEPARTMENT OF~ THE NAVY
	BOARD FOR CORRECTION OF NAVAL RECORDS
	              2 NAVY ANNEX
	       WASHINGTON DC 20370-5100
	SMW
Docket No:7805-06
	26 January 2007

This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the 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 24 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 Reserve on 26 June 1990 at age 21 and began a two year period of active service on 23 August 1990. On 3 June 1991 you began a period of unauthorized absence (UA), and on 12 June 1991 you missed the movement of your ship. On 3 July 1991 you were declared a deserter. On 12 July 1991 you surrendered to military authorities. On 19 July 1991 you received nonjudicial punishment (NJP) for desertion, missing the movement of your ship, and larceny. You were counseled on that same date regarding these offenses, and warned that further infractions could result in disciplinary action or administrative separation.

On 22 August 1992 you were honorably released from active duty due to expiration of the two-year term of active service. At that time you were assigned an RE-4 reenlistment code, which means that you are neither eligible nor recommended for reenlistment. On 25 June 1998 you were honorably discharged due to completion of obligated service. At that time, you were recommended for reenlistment by the Navy Reserve.

Regulations require the assignment of an RE-4 reenlistment code when an individual is not eligible or recommended for retention. Given the relatively serious offenses that resulted in NJP, and since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of the RE-4 reenlistment code. Furthermore, the Board noted that you were subsequently recommended for reenlistment by the Navy Reserve when you were discharged, which should be sufficient for reenlistment consideration.

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,

ROBERT D. ZSALMAN
Acting Executive Director

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