DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TJR
Docket No: 2752-02
13 November 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 13 November 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 21 January 1998 at the age of 17. You
served for two years and five months without disciplinary
incident, but on 22 May 2000, you received nonjudicial punishment
(NJP) for insubordination.
The punishment imposed was extra duty
and restriction for 30 days and a $300 forfeiture of pay.
On 21 December 2001 you received NJP for failure to obey a lawful
order and insubordination.
The punishment imposed was reduction
to
paygrade E-3 and restriction and extra duty for 15 days, which
was suspended for six months.
Subsequently, on 20 January 2002, you were honorably released
from active duty and transferred to the Naval Reserve and
assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
reenlistment code and discharge were severe and the result of
over-reaction to a situation.
and your contentions that your RE-4
It also considered your contention
that your misconduct was due to months of harassment and broken
Nevertheless, the Board concluded these factors and
promises.
contentions were not sufficient to warrant a change in the
reenlistment code because of your repeated misconduct, which
continued until a month before your released from active duty,
Further, there is no
and resulted in a reduction in paygrade.
evidence in the record, and you submitted none, to support your
contentions.
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
You are entitled to have the
favorable action cannot be taken.
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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