DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WMP
Docket No: 6113-02
21 February 2003
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 February 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, 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.
The Board found that you enlisted in the Naval Reserve on 23 August 1995
and immediately began a 36 month period of active duty. The record reflects
that you served without incident until 14 August 1996, when you received
nonjudicial punishment (NJP) for five instances of unauthorized absence
(UA) in June and July 1996 totaling 18 days. The punishment imposed was
forfeitures of $437 per month for two months and 60 days of restriction.
On 26 September 1996 you received NJP for two instances of failure to go to
your appointed place of duty. The punishment imposed was a forfeiture of
$200. On 22 September 1997 you received NJP for drunk driving and underage
drinking. The punishment imposed was forfeitures of $200 per month for two
months.
On 6 September 1998, while serving in paygrade E-3, you were honorably
released from active duty, transferred to the Naval Reserve and assigned an
RE-3R reenlistment code.
Regulations provide that to reenlist for the first time, an individual must
meet certain professional growth criteria. Specifically, he must be serving
as a petty officer, serving in paygrade E-3 having passed an advancement
examination to paygrade E—4 and be currently recommended for advancement,
or have formerly been a petty officer in the current enlistment and be
currently recommended for advancement to paygrade E-4. Additionally,
members serving in paygrade E-3 upon separation from active duty, who have
failed to meet these criteria, but who are eligible in all other respects
and recommended for advancement, shall be assigned reenlistment eligibility
code RE3R (Eligible for Probationary Reenlistment) instead of the less
favorable RE-4 (Not Recommended for Reenlistment)
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity and the
contention that you were told that the assignment of your reenlistment code
was required based on your unauthorized absences. However, the Board
concluded that the RE-3R reenlistment code was the most favorable code that
could have been assigned and, given your three NJP’s, you were fortunate
not to receive the least favorable reenlistment code of RE-4. 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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