DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 5212-01
19 November 2001
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
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
15 November 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.
considered your application on
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 enlisted in the Navy on 19 September
1989 for four years at age 19.
The record reflects that you
served without incident until 16 June 1990 when you received
nonjudicial punishment (NJP) for failure to obey a lawful order.
Thereafter, you were advanced to pay grade E-3 and served for the
next 32 months without incident.
However, during the months of
NJPs for absence from
February and March 1993 you received two
your appointed place of duty.
Incident to your release from active duty, you were not
recommended for reenlistment.
active duty on 9 September 1993, transferred to the Naval
Reserve, and assigned an RE-4 reenlistment code.
honorably discharged upon completion of your obligated service on
18 November 1996.
You were honorably released from
You were
The Board found no evidence in the available
Regulations require the assignment of an RE-4 reenlistment code
to individuals who fail to meet the professional growth criteria
for reenlistment or who are not recommended for reenlistment. In
order to the meet the professional growth criteria for reenlist-
ment, an individual must be serving in pay grade E-4 at the time
of separation or have passed an examination for advancement to
pay grade E-4.
records that you were recommended for advancement or passed an
E-4 examination.
to meet the professional growth criteria provided sufficient
justification to warrant a non-recommendation for reenlistment
and assignment of an RE-4 reenlistment code.
Your desire to
enlist in the Army Reserve does not provide a valid basis for
changing a correctly assigned reenlistment code.
concluded that the reenlistment code was proper and no change is
warranted.
names and votes of the members of the panel will be furnished
upon request.
Accordingly, your application has been denied. The
The Board concluded that three
NJPs and failure
The Board thus
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
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