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

			TJR
										Docket No: 10915-06
										25 October 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 23 October 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 Delayed Entry Program of the Navy on 17 December 1982 at age 21, and began a period of active duty on 17 June 1983. You served for nearly five years without disciplinary incident, but on 5 April 1988, you received nonjudicjal punishment (NJP) for conspiracy to commit larceny of government currency. The punishment imposed was a $150 forfeiture of pay and extra duty and restriction for 15 days.

On 14 April 1988, while serving in paygrade E-3, you were honorably released from active duty and transferred to the Naval Reserve by reason of convenience of the government under an authorized program or circumstance. At that time you were not recommended for retention, advancement, or reenlistment, and were assigned an RE-4 reenlistment code. Subsequently, on 16 June 1989, you were honorably discharged upon completion of your required active duty.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and desire to change your reenlistment code so that
you may enlist in the Coast Guard Reserve or the Army National Guard. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code because of the seriousness of your misconduct. Further, an RE-4 reenlistment code is required when a Sailor, serving in paygrade E-3, is not recommended for reenlistment and/or retention. 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,

W.	DEAN PFEIFFER
Executive Director