DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 5509-02
6 March 2003
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 4 March 2003. Your
allegations of error and 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.
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 April 1999 at age 20. You served without
disciplinary incident until 20 July 2000 when you received nonjudicial
punishment (NJP) for a 14 day period of unauthorized absence (UA). The
punishment imposed was restriction for 60 days.
Your record contains an enlisted performance evaluation for the period from
16 July to 26 October 2000 in which you were not recommended for retention
because you were not compatible with the Naval Service. This evaluation
also noted that you were unable to comply with the Navy Dependent Care
Certificate, which made you unavailable for worldwide assignment or
deployment due to parenthood.
Subsequently, you were processed for an administrative separation action by
reason of convenience of the government due to parenthood or custody of
minor children. The discharge authority then directed an honorable
discharge by reason of convenience of
the government due to parenthood or custody of minor children, and on 26
October 2000 you were so discharged. At that time you were assigned an RE-4
reenlistment code.
The Board, in its review of your entire record, carefully weighed all
potentially mitigating factors, such as your honorable service and your
contention that you have now made arrangements f or care of your children
and would like to reenlist in the Navy. Nevertheless, the Board concluded
these factors and contention were not sufficient to warrant a change in
your reenlistment code because of the nonrecommendation for retention and
the NJP. 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 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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