DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 985-01
29 June 2001
Dear }ie.
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 Navy Records,
sitting in executive session, considered your application on
27 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 22 January 1994 for eight
years and were ordered to active duty on 26 July 1994 fora
period of three years. The record reflects that you were
advanced to SA (E-2) and served for 25 months without incident.
However, during the seven month period from February to September
1996 you received three nonjudicial punishments (NJP). Your
offenses consisted of two instances of assault, communicating a
threat, disrespect, disorderly conduct, and dereliction of duty.
During this period, you also missed ship's movement during an
eight day period of unauthorized absence, from 28 May to 4 June
1996. No disciplinary action is shown in the record for these
offenses. However, the loss time was not excused.
Incident to your release from active duty, you were recommended
for retention. On 25 July 1997, you were honorably released from
active duty in pay grade E-2, transferred to the Naval Reserve,
and assigned an RE-4 reenlistment code.
Individuals discharged in pay grade E-1 or E-2 are not authorized
reenlistment and regulations require the assignment of an RE-4
reenlistment code. The Board noted. your contention that you were
recommended for reenlistment and received an honorable
characterization of service. The Board also noted that in three
years of active service you could have and should have advanced
beyond pay grade E-2. The fact that you received an honorable
characterization of service does preclude the assignment of an
RE-4 reenlistment code. The Board noted that three NJPs, two
within the last year of service, also provided a sufficient basis
for assignment of an RE-4 reenlistment code. Since you were
treated no differently than other E-2's separated under similar
circumstances, the Board could find no error or injustice in your
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
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