DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 1949-01
6 April 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.
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
1 August 2001.
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 Navy on 9 August 1994 for four years at age
18.
were assigned to duty in Bahrain and were subsequently advanced
to SKSN (E-3).
The record reflects upon completion of recruit training you
On 20 August 1995 when you were notified that you were being
considered for administrative separation by reason of convenience
After being advised of your
of the government due to pregnancy.
procedural rights, you declined to consult with legal counsel or
and waived the right to
submit a statement in your own behalf,
have your case reviewed by the general court-martial convening
On 28 August 1995 the discharge authority directed
authority.
that you be transferred to the transient personnel unit in
Norfolk and honorably released from active duty.
On 24 September 1995, prior to leaving Bahrain, you received a
nonjudicial punishment for failure to obey an order, making a
false official statement, and fraud against the U.S. Government.
Punishment imposed consisted of reduction in rate to SKSA (E-2),
forfeitures of $502 per month for two months, and 60 days of
restriction.
The separation evaluation report you provided for the reporting
period from 9 August to 3 October 1995 shows you were assigned
marginal marks of 3.0 in the categories of military knowledge
performance, reliability, and personal behavior.
recommended for advancement.
of the evaluation report which contained the reporting senior's
comments.
On 16 October 1995 you were honorably released from
active duty, transferred to the Naval Reserve, and assigned an
RE-4 reenlistment code.
You did not provide the second page
You were not
An RE-3B means the individual was discharged for
Regulations authorize the assignment of an RE-3B or RE-4
reenlistment code to individuals separated by reason of
pregnancy.
pregnancy or childbirth and is eligible for reenlistment except
An RE-4
for the disqualifying factor which led to separation.
reenlistment code means that an individual is not recommended for
retention and is ineligible for reenlistment without prior
approval from the Commander,
is reluctant to substitute its judgment for that of the
commanding officer who is one the scene and is in the best
position to determine who should be reenlisted.
concluded that receiving a NJP for serious offenses within the
month prior your separation provided sufficient justification for
a non-recommendation for reenlistment and assignment of an RE-4
The Board thus concluded that the reenlist-
reenlistment code.
ment code was proper and no change is warranted.
Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
Navy Personnel Command.
The Board
The Board
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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