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NAVY | BCNR | CY1999 | 01912-99
Original file (01912-99.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 

ELP 
Docket No.  1912-99 
12 August 1999 

Dear 

This is in reference to your application  or correction of your 
naval record pursuant to the provisions o  Title 10, United 
States Code, Section 1552. 

A three-member panel of the Board for Cor ection of Naval 
Records, sitting in executive session, co sidered your 
application on 11 August 1999.  Your alle ations of error and 
injustice were reviewed in accordance wit  administrative 
regulations and procedures applicable to qhe proceedings of this 
Board.  Documentary material considered by the Board consisted of 
your application, together with all materqal submitted in support 
thereof, your naval record and applicable statutes, regulations 
and policies. 

After careful and conscientious considera ion of the entire 
record, the Board found that the evidence submitted was 
insufficient to establish the existence o  probable material 
error or injustice. 

The Board found that you reenlisted in th  Navy on 25 September 
1987 for three years as an AZ2  (E-5).  At the time of your 
reenlistment, you had completed eight yea s of prior active 
servi r.e. 

1 

9 

The record reflects that you received an idverse enlisted 
performance evaluation for the period 16 October 1987 to 6 May 
1988 in which adverse marks of 2.8 were assigned in the rating 
categories of lVreliabili tyVV , llini tiativeVV , and "rate knowledge". 
The recommendation for your advancement t  AZ1  (E-6) was 
withdrawn . 
On 21 August  1989, as a result of the for going evaluation, you 
were issued a letter of substandard servi e by Commander, Naval 
Military Personnel Command  (NMPC-831) for  erformance below 
acceptable standards.  That letter prohibited any 
reenlistment or extension without NMPC approval. 

k 

further 

On 27 November 1989 your enlistment was extended for an 
additional period of 14 months to accept orders.  You were 
advanced to AZ1 on 16 June 1990. 

The record further reflects that during the eight month period 
from December 1990 to August 1991 you were counseled at least 
five times regarding your poor performance, substandard personal 
behavior, negative influence on junior personnel, tardiness, lack 
of motivation, and your poor working relationship with peers. 
You were also warned that failure to take corrective action on 
your deficiencies could result in administrative separation 
processing. 

On 10 September 1991, the commanding officer withdrew his 
recommendation for your advancement to AZC  (E-7) due to your poor 
performance and lack of responsibility.  A special evaluation was 
submitted to document your substandard performance.  The 
reporting senior described you as a lackadaisical supervisor who 
lacked interest in any assignment that was not to your liking. 
He also noted that your constant complaining and unwillingness to 
contribute to the work effort had a detrimental impact on 
division morale, and that you were extremely argumentative with 
superiors.  You were not recommended for retention. 

I 

I 

-4 reenlistment code 

On 24 November 1991 your enlistment was extended for adrnini- 
strative purposes for the convenience of the government.  On 
3 December 1991 you were convicted by a special court-martial of 
failure to obey a lawful order.  You were sentenced to a 
forfeiture of $500.  You were honorably discharged on 3 January 
1992 and assigned an RE-4  reenlistment cod 

Regulations requires the assignment of an 
to an individual who has a special court-  rtial conviction in 
the year preceding the expiration of the e listment, has been 

issued a letter of substandard service by fM PC-831 and the 

reenlistment restriction has not been lifted, or is not 
recommended for reenlistment by the commanding officer.  The 
Board noted your contentions that you had  personality conflict 
with your superiors and the command would  ot recommend you for 
an extension in order to remove the reenli tment restriction. 
However, the Board concluded that a lette  of substandard 
service, documented counseling on at leas  five occasions, and 
special court-martial conviction provided sufficient 
justification for the commanding officer's  non-recommendation for 
reenlistment and assignment of an RE-4  reenlistment code.  The 
Board concluded that the reenlistment code was proper and no 
change is warranted.  Accordingly, your application has been 
denied.  The names and votes of the members of the panel will be 
furnished upon request. 

:I 

It is regretted that the circumstances of  our case are such that 
favorable action cannot be taken.  You are entitled to have the 
Board reconsider its decision upon submiss on of new and material 
evidence or other matter not previously  co sidered 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. 

X 



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