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

	TJR
Docket No: 2646-07
	3 June 2008

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 3 June 2008. 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 11 July 1977 at age 18. You began a period of active duty and served without disciplinary infraction.

Subsequently, in March 1995, you were permitted to retire under an early retirement program. As a result, on 31 October 1995, after attaining sufficient service to comply with the early retirement program, specifically, 17 years, 11 months, and 19 days, you were honorably transferred to the fleet reserve. At that time you were correctly assigned an RE-2 reenlistment code.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your honorable service and your desire to change your assigned RE-2 reenlistment code so that you may enlist in the Army or Army Reserve. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code because of your nonrecomrnendatjon for reenlistment due to your retirement status. Further, the Board noted that in accordance with applicable directives you were ineligible for reenlistment as a result of your retirement status. Finally, an RE-2 reenlistment code is required when a Sailor is separated for this
reason and is not recommended or eligible 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