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Decision Text

NAVY | BCNR | CY1998 | 02643-98
Original file (02643-98.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 N A W  ANNEX 

WASHINGTON DC  20370-5100 

Dear - This is in reference to your application for correction of your 

naval record pursuant to the provisions of title 10 of the United 
States Code section 1552. 

TRG 
Docket No:  2643-98 
19 August 1999 

A  three-member panel of the Board for Correction of Naval 
Records, sitting in executive session, considered your 
application on 17 August  1999.  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 that the evidence submitted was 
insufficient to establish the existence of probable material 
error or injustice. 

The Board found that you reported to SEAL TEAM FIVE on 15 
September 1995 and were subsequently advanced to ET1  (E-6).  In 
the performance evaluation for the period 16 November to 15 
September 1997 you were assigned an adverse mark of 1.0 in the 
category of Military Bearing/Character, and were not recommended 
for advancement or retention.  The evaluation comments state, in 
part, as follows: 

Failed to live up to the Navy's  Core Value of 
Commitment.  Put self above team and failed to 
understand team goals.  Less than two months before 
deploying  ... chose to violate his page 13 agreement to 
extend his EAOS by six months which would allow him to 
complete the deployment.  He then requested to drop his 
SEAL NEC. 

In your rebuttal to the evaluation and in your application to the 
Board, you stated that you  were not compatible with the special 
warfare community and decided to drop your SEAL designation 
because you felt that you could not give the 100% effort 
required, and you did not want to cause an adverse impact on your 
team.  You contend, in effect, that the command refused to give 

your concerns any consideration and demanded that you complete 
the deployment you had agreed to. 

You were released from active duty on 15 September 1997 after 
completing over seven years of active service.  At that time you 
were assigned an RE-4  reenlistment code. 

The Board did not have access to the Administrative Remarks  (Page 
13) entry referred to in the evaluation.  However, it is clear 
that such an agreement existed.  The Board believed that refusing 
to extend your enlistment following a lengthy period of training 
and shortly before a deployment was certainly sufficient to 
support the adverse performance evaluation.  The Board concluded 
that this evaluation was sufficient to support the assignment of 
the RE-4  reenlistment code. 

Accordingly, your application has been denied.  The names and 
votes of the members of the panel will be furnished upon request. 

Any adverse reenlistment code may be waived and reenlistment or 
reserve affiliation authorized in the appropriate circumstances. 
However, the granting of waivers is a matter solely within the 
discretion of recruiting authorities. 

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 



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