DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL
RECOkDS
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 1840-01
19 July 2001
Dear
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.
Your allegations of error and injustice were reviewed in
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
2001.
accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
material considered by the Board consisted of your application,
together with all material submitted in support thereof, your
naval record and applicable statutes,
considered your application on
regulations and policies.
Documentary
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 record reflects that you were
The Board found that you enlisted in the Navy on 29 December 1986
for four years at age 21.
advanced to AN (E-3) and served without incident until 21 March
1990, when you received nonjudicial punishment (NJP) for an eight
day period of unauthorized absence,
missing ship's movement, and
making a false official statement.
Punishment imposed consisted
of reduction in rate to AA (E-2),
forfeitures of $406 per month
for two months, and 60 days of restriction.
release from active duty you were informed that you were
ineligible for reenlistment due to failure to meet the
professional growth criteria.
1990 you were
honorably released from active duty, transferred to the Navy
Reserve, and assigned an RE-4 reenlistment code.
You were
honorably discharged on 28 December 1994 upon fulfillment of your
military obligation.
Incident to your
On 21 December
Your contentions that an RE-4 reenlistment code is reserved for
individuals discharged under other than honorable conditions or
with a bad conduct discharge is untrue.
only one NJP, otherwise excellent service and an honorable
release from active duty did not preclude the assignment of an
RE-4 reenlistment code.
for individuals separated in pay grades E-l and E-2, and
regulations required the assignment of an RE-4 reenlistment code
to such individuals.
Actually, reenlistment is not authorized
The fact that you had
The Board noted the enlisted performance evaluations submitted in
support of your application did not include the one submitted
The Board also considered your contentions
upon separation.
concerning the NJP which reduced you in rate and your
post-
service accomplishments.
Absent such evidence a presumption
evidence no longer exists.
exists that the commanding officer did not abuse his discretion
when he imposed NJP on 21 March 1990.
However, the Board noted that the NJP
Since you were treated no differently than others separated under
similar circumstances, the Board could find no error or injustice
in your assigned reenlistment code.
application has been denied.
of the panel will be furnished upon request.
The names and votes of the members
Accordingly, your
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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