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NAVY | BCNR | CY2001 | 07835-01
Original file (07835-01.pdf) Auto-classification: Denied
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   20370-5100 

TRG 
Docket No: 7835-01 
13 March 2002 

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 12 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 that the evidence submitted was 
insufficient to establish the existence of probable material 
error or injustice. 

You enlisted in the Naval Reserve on 11 April 1988 at age 22 and 
reported for three years of active duty that same day.  During 
1989 you received nonjudicial punishment on three occasions. 
Your offenses were an unauthorized absence of about eight hours, 
drunk driving, and two instances of disobedience.  On 27 March 
1990 you were convicted by a special court-martial of committing 
carnal knowledge with a female under the age of 16 years, 
wrongfully supplying liquor to a minor and disobedience.  The 
court sentenced you to reduction to pay grade E-1, forfeiture of 
$450 and 35 days confinement at hard labor. 

On 1 May 1990 you were notified of separation processing by 
reason of misconduct due to your commission of a serious offense. 
On 17 May 1990 an administrative discharge board found that you 
had committed a serious offense and a pattern of misconduct, but 
recommended your retention in the Navy.  The retention 
recommendation was apparently based on testimony to the effect 
that several sailors had sex with the girl and nobody was aware 
that she was only 16 years old.  After review, the recommendation 
for retention was approved. 

You then served without incident until you were released from 

active duty on 23 May 1991 in the rate of MSSA  (E-2) with your 
service characterized as honorable.  At that time you were not 
recommended for reenlistment and were assigned an RE-4 
reenlistment code.  Subsequently, you were issued an honorable 
discharge at the end of your military obligation. 

You state in your application that you have been a sober 
hardworking citizen since discharge.  You desire a change in the 
reenlistment code so that you can again serve in the Navy. 

The Board believed that a record which included three nonjudicial 
punishments and a conviction by a special court-martial was 
sufficient to support the assignment of an RE-4 reenlistment 
code.  In addition, regulations require the assignment of an RE-4 
reenlistment code to individuals serving in pay grade E-2 on 
completion of an extended period of active duty.  The Board 
concluded that the RE-4 reenlistment code was proper as assigned 
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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