DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 6648-01
12 March 2002
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 March 2002. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Navy on 25 January 1978 at
the age of 17, served without disciplinary incident, and were
advanced in rate to AW3/(E-4). However, your record contains an
administrative remarks entry dated 18 January 1981 which notes
that you were not eligible for reenlistment due to your declining
professional performance, failure to accept responsibilities, and
unwillingness to respond to counselling. Also contained in your
record is an enlisted performance record (page 9) entry which
notes that you were not recommended for reenlistment.
Your record further reflects that you subsequently received an
enlisted performance evaluation that assigned adverse marks of
2.0 in the marking categories of professional performance and
supervisory ability, and 2.8 in the category of military
behavior.
On 23 January 1981, at the expiration of your enlistment, you
were honorably released from active duty and transferred to the
Naval Reserve. At that time you were assigned an RE-4
reenlistment code.
On 17 January 1984, upon completion of your obligated service,
you were honorably discharged. At that time you were not
recommended for reenlistment.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that your assigned
RE-4 reenlistment code was a form of discrimination. However,
the Board concluded these factors and contention were not
sufficient to warrant a change in your reenlistment code. Such a
code is authorized when an individual is released from active
duty and not recommended for reenlistment or retention. The
Board concluded that given the counselling entry of 18 January
1981 and the substandard evaluation, the RE-4 reenlistment code
was proper and appropriate. Further, the Board noted that there
is no evidence in the record, and you submitted none, to support
your contention of discrimination. Given all the circumstances
of your case, the Board concluded your reenlistment 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.
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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