DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL
2 NAVY ANNE
X
RECORD
S
WASHINGTON DC 20370410
0
TRG
Docket No: 214-02
14 November 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 13 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and
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 Navy on 26 April 1989 at age 18,
satisfactorily completed initial training and, on 4 March 1990,
reported to your first duty station.
May 1991 you received nonjudicial punishment for assault,
disobedience and disrespect.
years without any further disciplinary action and passed an
advancement examination for petty officer third class.
released from active duty on 23 April 1993 with your service
characterized as under honorable conditions.
acknowledged the assignment of an
substandard performance, lack of motivation and a total disregard
for authority and regulations.
erroneously issued an honorable discharge at the end of your
military obligation instead of the general discharge required by
the characterization of service on your release from active duty.
At that time, you
RE-4 reenlistment code due to
Subsequently, you were
On 4 September 1990 and 10
You then served for almost two
You were
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations.
were 2.8 and 2.75, respectively.
in conduct was required at the time of your separation for a
Your conduct and overall trait averages
A minimum average mark of 3.0
fully honorable characterization of service.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
service, and your desire to use your Montgomery G.I. Bill
educational benefits and to serve in the National Guard.
Board found that these factors were insufficient to warrant
recharacterization of your service on release from active duty,
given your disciplinary record and failure to achieve the
required average mark in conduct.
such as your period of good
The
the Board noted that in your
Concerning the reenlistment code,
last performance evaluation,
2.8 in rate knowledge and marginal marks of 3.0 in two other
categories.
adverse performance evaluation and the comments concerning your
conduct and performance in your acknowledgement of the RE-4
reenlistment code were sufficient to support the assignment of
that code.
The Board concluded that your overall record, final
you were assigned an adverse mark of
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
2
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