DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
CRS
Docket No: 2105-02
16 August 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 14 August 2002.
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 reenlisted in the Navy on 18 October
1990 after more than three years of prior active service.
record reflects that on 20 May 1994 you received nonjudicial
punishment, but the details are not entered in your record.
August 1995 you received a second nonjudicial punishment for an
unauthorized absence of three days, missing movement, and
disrespect.
$100 per month for two months,
days,
(DC3; E-4) to fireman (FN; E-3).
honorable discharge by reason of parenthood.
were assigned a reenlistment code of RE-4.
and reduction in pay grade from petty officer third class
The punishment imposed consisted of forfeitures of
On 2 May 1996 you received an
At that time, you
restriction and extra duty for 30
The
On 3
The Board concluded that your two nonjudicial punishments were
sufficient to support the assignment of the RE-4 reenlistment
code.
four years or more of active duty must be assigned an RE-4 code
if they are not recommended for advancement.
Such individuals
are subject to an absolute maximum of six years service.
The
Additionally, individuals separated in pay grade E-3 after
Board thus concluded that there is no error or injustice in your
reenlistment code.
Concerning your request to restore you to pay grade
Board noted your contention.
evidence, and the record contains none,
that a mistake was made.
Board presumed that your commanding officer did not abuse his
discretion in reducing you.
nonjudicial punishment was not unjust.
E-4, the
However, you have submitted no
Thus the Board concluded that your
In the absence of such evidence, the
to support the contention
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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