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
ELP
Docket No. 7954-01
11 April 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 Navy Records,
sitting in executive session, considered your application on
10 April 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.
The Board found that you enlisted in the Naval Reserve on
23 February 1985 for eight years at age 20. You were ordered to
active duty on 21 January 1986 for a period of 36 months in the
Active Mariner Program.
The record reflects that you were advanced to AN (E-3) and served
without incident until 15 May 1987, when you were convicted by
civil authorities of driving under the influence of alcohol. In
addition to a three-year suspended sentence, you were fined $750,
your driver's license was suspended for 90 days, and you were
ordered to attend the Naval Alcohol and Drug Safety Action
Program.
You served for the next 16 months without incident. However,
during the three month period from September to November 1988 you
received two nonjudicial punishments (NJP) for dereliction of
duty and failure to go to duty section muster. As a result of
these two NJPs, you were reduced in rate to AR ( E - 1 ) .
On 20 January 1989 you were honorably released from active duty,
transferred to the Naval Reserve, and assigned an RE-4 reenlist-
ment code. You were honorably discharged upon completion of your
military obligation on 2 3 February 1 9 9 3 .
Regulations prohibit the reenlistment of individuals separated in
pay grade E-1 or E-2, and require the assignment of an RE-4
reenlistment code to such individuals. In your case, the
assignment of that code was also appropriate due to the civil
conviction and two NJPs. Since you were treated no differently
than others separated under similar circumstances, the Board
could find no error or injustice in your assigned reenlistment
code. 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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