DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 5958-01
19 December 2001
Dea
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,
18 December 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.
You reenlisted in the Navy on 4 February 1992 for four years as
an OS3 (E-4).
nearly three years of prior active service.
At the time of your reenlistment you had completed
The record reflects that you served without incident until
17 June 1993 when you received nonjudicial punishment
three unspecified periods of unauthorized absence.
imposed was a suspended reduction in rate to OSSN (E-31, a
forfeiture of $300, and 15 days of restriction.
You had no disciplinary incidents during the following 29 months.
However, on 4 December 1995, you received a second NJP for
failure to obey a lawful order and a UA of about nine hours.
Punishment imposed consisted of a reduction in rate to OSSN,
forfeitures of $576.38 per month for two months, and 30 days of
extra duty.
(NJP) for
Punishment
Incident to your release from active duty you were not
recommended for reenlistment.
honorably released from active duty, transferred to the Naval
Reserve, and assigned an RE-4 reenlistment code.
honorably discharged upon completion of your obligated service on
19 January 1997.
On 3 February 1996 you were
You were
Regulations require the assignment of an RE-4 reenlistment code
to individuals who are not recommended for reenlistment or who
fail to meet the professional growth criteria for reenlistment at
the time of discharge.
To meet the professional growth criteria
for reenlistment, an individual on his second enlistment with
must be serving in pay grade E-4.
less than 10 years of service,
Since you were reduced to pay grade E-,3 two months prior to the
expiration of your enlistment, you did not meet the professional
growth criteria.
which resulted in your reduction in rate, provided sufficient
justification to warrant a non-recommendation for retention and
assignment of an RE-4 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 also concluded that two
NJPs, one of
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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