NAVY
DEPARTMENT OF THE
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 198-99
28 May 1999
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 26 May 1999.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and
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.
You were ordered to
The
The Board found that you enlisted in the Naval Reserve on
26 August 1991 for eight years at age 20.
active duty for a period of two years on 4 December 1991.
record reflects that you were advanced to SN (E-3) and served
without incident until 14 January 1993 when you received
nonjudicial punishment (NJP) for assault.
consisted of a forfeiture of $475 and 45 days of restriction and
extra duty.
However, the facts and circumstances of that NJP are not on file
in the record.
Incident to your release from active duty, you
You were released from
were not recommended for reenlistment.
active duty under honorable conditions on 3 December 1993 and
assigned an RE-4 reenlistment code.
You received a second NJP on 25 February 1993.
Punishment imposed
Character of service is based, in part,
overall traits averages which are computed from marks assigned
during periodic evaluations.
overall traits averages were 2.86 and 3.43, respectively. A
Your final personal behavior and
on personal behavior and
minimum average mark of 3.0 in personal behavior is required for
a fully honorable characterization of service.
Regulations require the assignment of an RE-4 reenlistment code
to individuals in pay grades E-4 and below who have an average of
less than 3.0 in any trait during the current enlistment and who
are not recommended for reenlistment.
However, no justification for such a change
The Board noted your contentions to the effect
The Board
In its review of your application the Board conducted a careful
search of your record for any mitigating factors which might
warrant a recharacterization of your service and change in your
reenlistment code.
could be found.
that the reenlistment code is unjust for a single disciplinary
incident in 1993, that you served your punishment, and finished
your term of active duty with 3.6 evaluations.
concluded that your contentions were insufficient to warrant
recharacterization of your separation given the record of two
NJPs and your failure to achieve the required average in personal
behavior.
The criteria for a fully honorable characterization of
service was established at a level which may be attained by all
individuals.
Your contention of a single disciplinary incident
is not supported by the evidence of record.
that two
justification to warrant a non-recommendation for retention.
Since you were treated no differently than others separated under
similar circumstances, the Board could find no error or injustice
in your reenlistment.
The Board concluded that the characteri-
zation of service and reenlistment code were proper and no change
is warranted.
The names and votes of the members of the panel will be furnished
upon request.
The Board concluded
NJPs within the last year of service provided sufficient
Accordingly, your application has been denied.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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 PE'EIFFER
Executive Director
2
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