DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL
RECORD
S
2 NAVY ANNE
WASHINGTON DC 20370.510
X
0
TRG
Docket No: 2183-W
20 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 20 November 2002.
Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
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
On 25 July 1990 you were counseled
You enlisted in the Navy on 11 June 1987 for four years.
then served without incident for over three years.
During this
initial period of active duty, you were advanced to petty officer
third class (BM3; E-4).
concerning failure to pay debts, passing bad checks and
unauthorized absences.
punishment for an unspecified offense and were reduced in rate
from BM3 to BMSN (E-3).
May 1991 and convicted you of breaking restriction and the use of
a false or unauthorized pass.
forfeitures of pay, 20 days of confinement, and a reduction in
rate from BMSN (E-3) to BMSA (E-2).
active duty on 10 June 1991 with your service characterized as
being under honorable conditions.
the assignment of an RE-4 reenlistment code due to misconduct and
failure to meet professional growth criteria.
A special court-martial convened on 3
On 15 April 1991 you received nonjudicial
The court sentenced you to
You were released from
At that time, you acknowledged
In 1994, your service was recharacterized to honorable by action
of this Board.
of misconduct
reenlistment code was denied based on your record
and because you were serving in pay grade
However, your request for a change in the
E-2 after four years of
Your record has been corrected to show an
active service.
honorable characterization of service.
YOU are now requesting that the record be corrected to show that
you were not reduced in rate to pay grade E-2 one of the reasons
for the assignment of the RE-4 reenlistment code.
You desire a
change in the reenlistment code so that you can reenter the Navy.
The Board noted that a reduction in rate is authorized punishment
by a nonjudicial punishment and a special court-martial.
It is
clear that you committed offenses for which a reduction in rate
is authorized.
showing that there was an abuse of discretion in the decision to
reduce you in rate on two occasions.
The Board concluded that
the reductions in rate were proper and no change is warranted.
Additionally, you have not submitted any evidence
Additionally, the Board believes that two disciplinary actions in
about two weeks, the second of which occurred only about 38 days
prior to your discharge,
assignment of the RE-4 reenlistment code even if you were not
serving in pay grade E-2 when separated.
were sufficient to support the
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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