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withdrawn .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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