DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370.5100
ELP
Docket No. 7478-01
28 February 2002
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.
You enlisted in the Naval Reserve on 28 February 1989 for eight
years at age 20.
You were ordered to active duty on 2 May 1989
for a period of 36 months in the Active Mariner Program.
The
record reflects that you were advanced to MSSN (E-3) and, on
17 October 1991, extended your active service for an additional
period of six months.
(NJP) on 19 February 1992.
Your Enlisted Performance Record (Page 9) indicates you received
a nonjudicial punishment
offenses are not shown in the record.
Memorandum (Page 7) shows that a forfeiture of $482 suspended on
19 February 1992 was vacated due to continued misconduct.
same day, you received a second NJP for assault.
Punishment
imposed consisted of 30 days correctional custody, a forfeitures
of one-half of one month's pay for two months, and reduction in
rate to MSSA (E-2).
suspended for six months.
Both the forfeitures and reduction were
A 25 March 1992 Court
However, the
On the
A page 9 entry shows that you were assigned adverse marks of 2.6
in military bearing and personal behavior for the reporting
period 1 February to 16 October 1992, and you were not
recommended for reenlistment.
honorably released from active duty, transferred to the Naval
Reserve, and assigned an RE-4 reenlistment code.
honorably discharged upon completion of your military obligation
on 27 February 1997.
On 24 October 1992 you were
You were
Regulations require the assignment of an RE-4 reenlistment code
Your
to individuals who are not recommended for reenlistment.
contention that prior to leaving the ship you were ordered by a
female first class petty officer to wait for a second set of
evaluations is neither supported by the evidence of record nor by
any evidence submitted in support of your application.
concluded that two
NJPs and an adverse performance evaluation
within the last eight months of service provided sufficient
justification to warrant a non-recommendation for reenlistment
and assignment of an RE-4 reenlistment code.
The Board thus
concluded that the reenlistment code was proper and no change is
warranted.
names and votes of the members of the panel will be furnished
upon request.
Accordingly, your application has been denied.
The
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,
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.
it is important to keep in mind that a
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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