DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
ELP
Docket
12 April 2001
No.302-01
Dear----'
_
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 for the Board for Correction of Navy
Records, sitting in executive session, considered your
application on 11 April 2001.
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.
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.
The Board found that you enlisted in the Naval Reserve on
29 December 1986 for eight years at age 18.
active duty on 9 March 1987 for a period of 36 months in the
Active Mariner Program.
You were ordered to
The record reflects that you were advanced AMSAN (E-3) and served
without incident until 6 June 1989, when you received nonjudicial
punishment (NJP) for failure to obey a lawful order.
imposed was a reduction in rate to AMSAA (E-2), forfeitures of
$200 per month for two months,
and three days confinement on
bread and water.
forfeitures for a period of six months.
The NJP authority suspended one month of the
Punishment
On 22 September 1989,
vacated
room at
general
and you received a second
the bachelor enlisted quarters,
regulation,
and consuming alcohol as a minor.
Punishment
the foregoing suspended forfeiture was
NJP for having a female in your
failure to obey a lawful
imposed consisted of a forfeiture of $200 and 30 days of
restriction.
On 8 March 1990 you were honorably released from active duty and
assigned an RE-4 reenlistment code.
Regulations require the assignment of an RE-4 reenlistment code
to an individual serving in pay grades E-l or E-2 at the
expiration of active obligated service, since reenlistment of
such an individual is not authorized.
NJPs within the last year of your service also provided
sufficient justification for a non-recommendation for retention
and assignment of an RE-4 reenlistment code.
treated no differently than others separated in similar
circumstances, the Board could find no error or injustice in your
assigned reenlistment code.
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.
The Board thus concluded that the
The Board notes that two
Since you were
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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