DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 6113-01
7 January 2002
Dear
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
3 January 2002.
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Naval Reserve on 28 January for eight years
at age 20.
You were
period of 36 months in the Active Mariner Program.
advanced to AN (E-3) on 17 July 1989.
You were ordered to active duty on 5 June 1989 for a
However, the record does reflect that you received a six
The record reflects that you served without incident until 15 May
1990 when you received a nonjudicial punishment (NJP).
and circumstances surrounding this NJP are not on file in the
record.
month suspended reduction in rate to AA (E-2).
1990, the suspended reduction in rate to AA (E-2) was vacated and
you received a second NJP for absence from your appointed place
of duty, failure to obey a lawful order, and breaking curfew.
Punishment imposed consisted of correctional custody for 30 days,
forfeitures of one-half month's pay for two months, and reduction
in rate to AR (E-l).
The facts
On 18 October
On 6 May 1992 you were honorably released from active duty,
You served without further incident and were again advanced to
AA.
transferred to the Naval Reserve, and assigned an RE-4
reenlistment code.
of your obligated service on 27 January 1997.
You were honorably discharged upon completion
The Board noted'your
A reenlistment code does affect the
Regulations prohibit the reenlistment of individuals separated in
pay grade E-l or E-2, and require assignment of an RE-4
reenlistment code to such individuals.
contention that you believe you should not be
"given a
dishonorable discharge."
characterization of your service.
In order to be eligible for a
better reenlistment code, you would have had to be serving in pay
grade E-3 or higher at the time of your separation, and been
recommended for both advancement and retention.
these criteria.
others separated under similar circumstances, the Board could
find no error or injustice in your assigned reenlistment code.
Accordingly, your application has been denied.
The names and
votes of the members of the panel will be furnished upon request.
Since you were treated no differently than
You did not meet
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. 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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
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