DEPARTMENT OF THE NAVY
BOAAD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 1980-01
11 June 2001
$a.
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 31 May 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.
The Board found that you were discharged from the Navy on 30 December 1998 because of
a condition, not a disability, interfering with your performance of duty. You were awarded a
reenlistment code of RE-4, at the direction of your commanding officer.
The Board carefully evaluated your contention to the effect that you no longer suffer from
the condition which resulted in your discharge, but found it insufficient to warrant any
corrective action in your case. It noted that in addition to your physical condition, your
commanding officer considered other factors prior to deciding assign you an adverse
reenlistment code, such as your failure to be promoted above grade E-4 during your six years
of naval service. In thé absence of evidence which demonstrates that your reenlistment code
is erroneous or unjust, the Board was unable to recommend any corrective action in your
case. 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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