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 NAVY ANNEX
WASHINGTON DC 20370-51 00
ELP
Docket No. 2295-99
20 August 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 18 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 record provided for t h e Board's review is incomplete.
However, available records indicate that you enlisted in the
Naval Reserve on 17 November 1990 for eight years at age 20. You
were ordered to active duty for a period of two years on 26
November 1990. The record reflects that you served without any
disciplinary actions, but were not advanced beyond pay grade E-1
in two years of service. You were honorably released from active
duty on 25 November 1992, transferred to the Naval Reserve, and
assigned an RE-4 reenlistment code.
Under regulations in effect at the time, individuals discharged
in pay grades E-1 and E-2 were not authorized to reenlist and
assignment of an RE-4 reenlistment code was required. The Board
noted that during your two years of active service you failed to
advance in pay grade. The Board also noted that at the time of
your enlistment, you were 20 years old, a high school graduate
with average intelligence. It appeared to the Board you should
have been able to advance to pay grade E-2 prior to your release
from active duty. Had you been advanced to pay grade E-2 the
Board might be more sympathetic to your case.
the letter of reference your commanding officer provided upon
your release from active duty. Since you were treated no
differently than others released under similar circumstances, the
Board could find no error or injustice in your assigned
reenlistment code. The Board thus concluded 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.
The Board noted
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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