DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No:
7 November 2002
5106-02
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 6 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Bpard consisted
Board.
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
materi'al considered by the
Documentary
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.
Your record reflects that you served without incident
The Board found that you reenlisted in the Navy on 23 March 1998
for two years after over seven years of prior active Naval
service.
until 14 May 1999, when you received nonjudicial punishment
(NJP) for disobeying a lawful order.
forfeitures of $637 per month for two months, 30 days of
restriction and extra duty,
reduction was suspended for a period of six months.
and reduction to
The punishment imposed was
paygrade E-3.
The
Your record further indicates that you served without further
incident until 4 April 2000,
discharged at the expiration of your term of enlistment by
At that time, you
reason of "non-retention on active duty".
were issued an RE-6 reenlistment code due to your total active
at which time you were honorably
service exceeding the high year tenure
established for your pay grade.
(HYT) limitations
Regulations provided that the HYT limit for individuals serving
in pay grade E-4 was 10 years of active naval service.
Reenlistment beyond the HYT limit of 10 years was not authorized
and assignment of an RE-6 reenlistment code was required.
you were treated no differently than others discharged under
similar circumstances, the Board could find no error or
injustice in your assigned reenlistment code.
concluded that the reenlistment code was proper and no change is
warranted.
The
names and votes of the members of the panel will be furnished
upon request.
Accordingly, your application has been denied.
The Board
Since
You are entitled to have
In this regard,
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
naval record, the burden
existence of probable material error or injustice.
i's on the applicant to demonstrate the
it is important to keep in mind that
Sincerely,
W. DEAN PFEIFFER
Executive Director
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