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

TJR
Docket No: 9405-02
21 August 2003

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 19 August 2003. 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 28 November 1988 at age 21 and served without disciplinary incident until 2 November 1992 when you received nonjudicial punishment (NJP) for sleeping on watch and failure to stay alert on watch. The punishment imposed was a $650 forfeiture of pay.

Your record contains administrative remarks (page 13) and an enlisted performance record (page 9) entries which state that you were not recommended for reenlistment and were assigned a restrictive reenlistment code due to your unsatisfactory performance. The page 9 also reflects an enlisted performance evaluation for the period 1 July to 27 November 1992 which assigned an adverse mark of 2.8 in the categories of reliability and personal behavior, adverse overall rating of 2.8.

On dated 27 November 1992, at the expiration of your enlistment, you were honorably discharged 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 and immaturity, and your contentions that your assigned RE-4 reenlistment code was based on one isolated incident during a four year period and that you unknowingly asked to get out of the Navy. Nevertheless, the Board concluded these factors and contentions were not sufficient to warrant a change in the reenlistment code because of your misconduct and the final performance evaluation, 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,

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