DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 11271-19 Ref: Signature Date Dear This is in reference to your application of 22 November 2019 for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board, sitting in executive session, considered your application on 9 January 2020. The names and votes of the members of the panel will be furnished upon request. 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 18 May 2009. On 4 August 2016, you received non-judicial punishment for drunken or reckless operation of a vehicle, aircraft or vessel and were reduced in rank from second class petty officer (MA2) to third class petty officer (MA3). Commanding Officer (CO), Naval Base stated by letter dated 7 October 2016, that you completed treatment for alcohol abuse/dependency. The CO further stated that he believed that you possessed potential for further useful service. On 16 December 2016, you were discharged from the Navy on the basis of completion of required active service. You received an honorable discharge and a reentry (RE) code of RE-4. In your petition to the Board, you ask for a change to your reentry code from RE-4 to RE-1. You note that your CO stated that you possessed the potential for further useful service. You also contend that your RE code should be an RE-1 because your Certificate of Release or Discharge from Active Duty (DD Form 214) states that you were released to the Reserve. The Board, in its review of your entire application, carefully weighed all potentially mitigating factors in your case, including your contention that you are entitled to an RE-1 on the basis of your CO’s statement regarding your potential and in consideration of your desire to return to military service. The Board also noted that you assert that you were released to the Navy Reserve and therefore should have received an RE-1. The Board reviewed your discharge documents and noted that your DD Form 214 states that you were “Subject to Active Duty Recall/Annual Screening.” Your service record, however, does not indicate that you joined the Selective Reserve after leaving active duty. TheBoard then considered your CO’s statement and took into account your wish to contribute to the military by reenlisting. The Board noted that MILPERSMAN 1160-030 establishes the Criteria for Preferred Reenlistment. MILPERSMAN 1160-030 states that individuals with less than eight years of service who have completed their active duty service obligation and are in the pay grade of E-4 must have passed an E-5 advancement exam and have an overall trait average of 2.5 or above for a preferred reenlistment of RE-R1. Your record indicates that you served 7 years, 6 months and 29 days of active duty, and held a paygrade of E-4 when you separated from active duty. Your record does not reflect that you had passed an E-5 advancement exam that qualified you for advancement at the time of your discharge. The Board found that your CO’s statement and your desire to return to the military could not overcome the guidance of MILPERSMAN 1160-030. The Board noted that you were reduced in rank at your August 2016 NJP from E-5 to E-4. Given the fact that you held the rank of E-4 in December 2016, and did not have a qualifying advancement exam for promotion to E-5, the Board concluded that the RE-4 was assigned without error or injustice. The Board determined that your record does not merit corrective action. 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 the submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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,