DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 4934-01
26 September 2001
Dear
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 25 September 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
Your allegations of error and
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.
On that date you were convicted by a special court-martial
You were sentenced to 45 days
The record
You enlisted in the Navy on 20 May 1989 at age 18.
shows that you served in a satisfactory manner until 30 August
1993.
of disobedience and disrespect.
restriction, 45 days hard labor without confinement, and a
reduction in rate from HN (E-3) to HR (E-l).
from active duty on 16 September 1993 with your service
characterized as honorable.
At that time you were not
recommended for reenlistment and were assigned an RE-4
reenlistment code.
that you were still an HN.
The DD Form 214 issued at that time shows
You were released
In addition, if your last performance evaluation had
Regulations require the assignment of an RE-4 reenlistment code
to anyone convicted by a special court-martial in the last year
of service.
been available, the Board believes it would have been an adverse
evaluation that mentioned the court-martial conviction and
indicated that you were not recommended for retention.
have been treated no differently than others in your situation,
the Board could not find an error or injustice in the assignment
of the RE-4 reenlistment code.
Since you
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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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