Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 8587-98
14 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 12 May 1999.
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.
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.
The Board found that you enlisted in the Naval Reserve on
8 November 1995 for eight years at age 22. You were ordered to
active duty for a period of three years on 7 December 1995.
record reflects that you were advanced to FN (E-3) and served
without incident until 7 March 1997 when you received nonjudicial
punishment (NJP) for an unspecified period of unauthorized
absence, disobedience, and dereliction of duty.
imposed consisted of reduction in rate to FA (E-2) and 45 days of
restriction and extra duty.
Punishment
The
You were advanced again to FN but were subsequently reduced in
rate again to FA at a second NJP on 26 February 1998 for two
You were not recommended for reenlist-
instances of disrespect.
ment due to failure to meet professional growth criteria.
You
were honorably released from active duty on 16 November 1998 and
assigned an RE-4 reenlistment code.
Regulations require the assignment of an RE-4 reenlistment code
to individuals discharged in pay grades E-l and E-2 for failure
to meet professional growth criteria.
contention that you had passed the third class examination for
advancement but were not advanced.
class examination is not relevant unless you were in pay grade
E-3 at the time of separation.
As previously noted, you were
serving in pay grade E-2 at that time.
differently than others separated under similar circumstances,
the Board could find no error or injustice in your assigned
reenlistment code.
Accordingly, your application has been
denied.
furnished upon request.
The names and votes of the members of the panel will be
Since you were treated no
The Board noted your
However, passing the third
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
2
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