DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 959-O1
22 June 2001
Dear TiiReeseene
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 for the Board for Correction of Navy
Records, sitting in executive session, considered your
application on 20 June 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 injustice.
You enlisted in the Naval Reserve on 26 June 1991 for eight years
at age 18. On 8 June 1992, you were ordered to active duty for a
period of two years as an SA (E-3).
The record reflects that you served without incident until
22 September 1993, when you received nonjudicial punishment (NJP)
for treating a BM1 (E-6) with contempt and failure to obey a
lawful order. Punishment consisted of forfeitures, restriction
and extra duty.
On 8 April 1994 you received a second NUP for a 27 day period of
unauthorized absence and missing the movement of your ship.
Punishment imposed consisted of a suspended reduction in rate to
SR (E-1), forfeitures of $426 per month for two months, and 30
days of restriction and extra duty. On the same date of the NUP,
the suspended reduction in rate was vacated and ordered executed
due to further misconduct.
On 7 June 1994, while still serving as an SR, you were honorably
released from active duty and transferred to the Naval Reserve
with an RE-4 reenlistment code.
Reenlistment is not authorized for individuals separated in pay
grades E-1 and E-2, and regulations require the assignment of an
RE-4 reenlistment code to such individuals. The Board noted that
you were ordered to active duty as a E-2 and should have been
advanced to pay grade E-3 by the time of your separation. Had
you been an E-3, you might have qualified for a more favorable
reenlistment code. The Board believed that two NJPs within the
last nine months of service and the reduction in rate to E-1
provided sufficient justification for the assignment of an RE-4
reenlistment code. The Board concluded that the reenlistment
code was proper and no change is warranted. Accordingly, your
application has been denied. The names and votes of the members
ef 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
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