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

TJR
									    Docket No: 11034-06 
										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 Naval Reserve on 28 April 1992 at age 17 and began a period of active duty on 28 July 1993. Less than a year later, on 21 April 1994, you received nonjudjcjal punishment (NJP) for a two day period of unauthorized absence (tJA). The punishment imposed was restriction and extra duty for seven days.

On 29 July 1995, while serving in paygrade E-2, you were honorably released from active duty and transferred to the Naval Reserve. At that time you were assigned an RE—4 reenlistment code. On 27 June 2001, upon completion of your obligated service, you received an honorable discharge.

OPNAVINST 1160.5 (series) states 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 as 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.

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 your misconduct, which resulted in NJP, your apparent failure to pass an examination for advancement to paygrade E-3, and since you were 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,

W.	DEAN PFEIFFER
Executive Director