Search Decisions

Decision Text

NAVY | BCNR | CY2000 | 06321-00
Original file (06321-00.pdf) Auto-classification: Denied
DEPARTMENT  O F  THE  NAVY 

BOARD  FOR  C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2   NAVY  ANNEX 

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1  0 0  

TRG 
Docket No:  6321-00 
8  March 2001 

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. 

A  three-member panel of the Board for Correction of Naval 
Records, sitting in executive session, considered your 
application on 6 March 2001.  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 in justice. 

The Board found that you enlisted in the Naval Reserve on 31 
October 1994  at age 18  and reported for three years of active 
duty on 20  June 1995.  Although your record is incomplete, it 
shows that on 17  April 1998  you received nonjudicial punishment 
for two unspecified periods of unauthorized absence.  The 
punishment imposed included forfeitures of $500  and a reduction 
in rate to SA  (E-2).  The reduction in rate was suspended.  On 11 
May 1989  the suspension was vacated due to continuing misconduct 
and you were reduced to SA.  Subsequently, you extended on active 
duty for four months.  You were released from active duty -as an 
SA on 13  October 1998  with your service characterized as 
honorable.  At that time you were not recommended for 
reenlistment and were assigned an RE-4  reenlistment code. 

Regulations require the assignment of an RE-4  reenlistment code 
to individuals who do not meet professional growth criteria 
because they are serving in pay grade E-2  when they are released 
from an extended period of active duty.  In addition, your record 
of misconduct could have led to the assignment of an RE-4 
reenlistment code. 
than others in your situation, the Board could not find an error 

Since you have been treated no differently 

or injustice in the assignment of the RE-4  reenlistment code. 

Accordingly, your application has been denied.  The names and 
votes of the members of the panel will be furnished upon request. 

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 



Similar Decisions

  • NAVY | BCNR | CY2002 | 10413-02

    Original file (10413-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 2003. At that time, you were assigned a reenlistment code of RE-4. The Board did not consider whether the characterization of service or reason for your separation should be changed, since you did not ask for such consideration and you have not exhausted your administrative remedy by applying to the Naval Discharge and Review Board (NDRB).

  • NAVY | BCNR | CY2003 | 03176-03

    Original file (03176-03.pdf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your nayal record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by ~eadquarters Marine Corps dated 11 April 2003, a copy of which is attached. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY1998 | 07734-98

    Original file (07734-98.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 April 1999. 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. However, the Board concluded these factors were not sufficient to warrant a change in your reenlistment code given your refusal to reenlist.

  • NAVY | BCNR | CY2001 | 06232-01

    Original file (06232-01.pdf) Auto-classification: Approved

    The majority further concludes that this Report of Proceedings should be filed in Petitioner' s naval record so that all future reviewers will understand the reasons for the assignment of the RE-3B reenlistment code. That Petitioner's naval record be corrected to show that on 18 December 1998 she was assigned an RE-3B reenlistment code vice the RE-4 reenlistment code now of record. Since Petitioner has been treated no differently than others who failed to advance to E-3, the minority could...

  • NAVY | BCNR | CY2001 | 08088-01

    Original file (08088-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Navy Records, sitting in executive session, considered your application on 17 April 2002. On 16 June 2000 the Naval Discharge Review Board (NDRB) denied your request for an upgrade of the discharge. Further, this contention is quite different from what you told the NDRB.

  • NAVY | BCNR | CY2001 | 02926-01

    Original file (02926-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 April 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2001 | 08338-01

    Original file (08338-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Navy Records, sitting in executive session, considered your application on 10 April 2002. 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. A recruit performance record entry reflects that on 13 March 1998, you failed battle stations for the third time.

  • NAVY | BCNR | CY2001 | 08735-01

    Original file (08735-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 10 April 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2001 | 03392-01

    Original file (03392-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2002. The members of the chain of command were present, made statements and were available to answer questions . He then told LT HI who then called Ms. D. The Board also considered the statement of the retired chief petty officer who stated that you were not derelict in your duties while you were treating him and that he did not see any disrespect.

  • NAVY | BCNR | CY2002 | 01896-02

    Original file (01896-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 5 June 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...