DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No 7472-01
28 February 2002
Dear
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.
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
27 February 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.
considered your application on
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 record reflects that you were advanced
The Board found that you enlisted in the Navy on 9 July 1998 for
four years at age 18.
to SA (E-2) and served without incident until 15 October 1998
when you received nonjudicial punishment (NJP) for two instances
of failure to go to your appointed place of duty and failure to
obey a lawful order.
feiture of $100 and seven days of correctional custody, both of
which were suspended for six months.
Punishment imposed consisted of a for-
On 11 December 1998 you received a second NJP for failure to obey
a lawful order by having alcohol in the barracks, drinking
underage, and detonation of a combustible substance in the
barracks.
(E-l), a forfeiture of $231, and 14 days of restriction and extra
duty.
Punishment consisted of a reduction in rate to SR
’
_
L
On 14 December 1998 you were notified that administrative
separation was being initiated by reason of entry level
performance and conduct.
rights, declined to consult with legal counsel or submit a
and waived the right to have your
statement in your own behalf,
case reviewed by the general court-martial convening authority.
Thereafter, the discharge authority directed an uncharacterized
entry level separation by reason of entry level performance and
conduct.
an RE-4 reenlistment code.
You were so discharged on 28 December 1998 and assigned
You were advised of your procedural
Your desire to reenlist due to recent events is
Regulations require the assignment of an RE-4 reenlistment code
to individuals separated by reason of entry level performance and
conduct.
commendable, however, such desire does not provide a valid basis
Since you
for changing a correctly assigned reenlistment code.
were treated no differently than others separated under similar
circumstances, the Board could find no error or injustice in your
assigned reenlistment code.
been denied;
will be furnished upon request.
The names and votes of the members of the panel
Accordingly, your application has
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
2
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