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NAVY | BCNR | CY1999 | 02295-99
Original file (02295-99.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 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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