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

TJR
Docket No: 11182-06
1 November 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 30 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 23 August 2002 at age 22 and began a period of active duty on 20 November 2002. You served without disciplinary incident until 5 February 2004, when you received nonjudicial punishment (NJP) for absence from your appointed place of duty. The punishment imposed was restriction for 30 days, a $100 forfeiture of pay, and reduction to paygrade E-2, which was suspended for six months. On 25 February 2004 you received NJP for three periods of absence from your appointed place of duty and were awarded confinement on bread and water for three days. The suspended reduction to paygrade E-2 was also vacated at this time.

On 19 November 2005, while serving in paygrade E-2, you were honorably released from active duty and transferred to the Navy Reserve upon completion of your required active duty. At that time you were not recommended for reenlistment and 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, period of honorable service, and your 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 two NJPs, and the nonrecommendation for retention and/or reenlistment. Finally, an RE-4 reenlistment 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,

W. DEAN PFEIFFER
Executive Director