DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON DC 203704100
TRG
Docket No:
22 April 1999
9321-97
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code section 1552.
executive,'session, considered your
A three-member panel of the Board for Correction of Naval
Records, sitting in
application on 20 April 1999.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
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.
Based on the incomplete
As you know, your record is incomplete.
record and the documentation you provided, the Board found that
you enlisted in the Naval Reserve on 22 March 1990 at age 18 and
reported for three years of active service on 11 September 1990.
Apparently, you then served without incident until you received
nonjudicial punishment (NJP) on 8 July 1993.
punishment imposed extended to a reduction in rate and
forfeitures of pay.
record and the nature of your misconduct is unknown.
shows that on 18 August 1993 the suspension was vacated due to
continued misconduct.
rate at that time from FN (E-3) to FA (E-2).
from active duty on 9 September 1993 with your service
At that time you were not
characterized as honorable.
recommended for reenlistment and were assigned an RE-4
reenlistment code.
The record shows that you were reduced in
You were released
However, the NJP it is not filed in your
It appears that the
The record
You state in your application that you have matured since your
service in the Navy and desire a change in the reenlistment code
so that you can enlist in the Marine Corps.
However,
As indicated, the nature of your offenses is unknown.
the record shows that you committed at least two offenses in the
last two months prior to your release from active duty, as shown
by the NJP and vacation action.
the assignment of an RE-4 reenlistment code in most cases such as
yours when an individual is serving in pay grade E-2 at the end
of an extended period of active duty.
reenlistment code could have been assigned due to the two
instances of misconduct or because of your separation in pay
grade E-2, the Board concluded that the code was properly
assigned.
Accordingly, your application has been denied.
names and votes of the members of the panel will be furnished
upon request.
Since the RE-4
In addition, regulations require
The
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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