DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
WMP
Docket No:
20 March 2002
8177-01
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
Records, sitting in executive session, considered your
application on 20 March 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof,
regulations and policies.
Documentary material considered by the Board consisted
your naval record and applicable statutes,
Your allegations of error and
Nava:L
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 Navy on 29 July 1977
for four years at age 23 after four years of active service in
the U.S. Army.
1979, and extended this enlistment on several occasions.
You then reenlisted for six years on 9 March
The record reflects that you were advanced to TM2 (E-5) on 16
January 1980 and served without incident until 6 May 1982 when
you received nonjudicial punishment
(NJP) for failure to go to
appointed place of duty and willfully disobeyed a lawful order.
Punishment imposed consisted of forfeitures of $150 and
reduction in rate to TM3 (E-41,
suspended for 2 months.
with the reduction in rate being
,
On 21 May 1982 the suspended reduction in rate to TM3 was
vacated, and you received a second NJP for absence from your
Punishment consisted of forfeitures of $100.
place of duty.
Your record remained clear of further disciplinary action until
when you received NJP for dereliction of duty.
6 December 1983,
Punishment imposed consisted of forfeitures of $100, with part
forfeitures being suspended for six months, and 5 days of extra
duty.
and were
Navy-
You were frocked to TM2 on 20
Your record further indicates that you participated in
selected for advancement to TM2 from the September 1985
wide Advancement Examination.
December 1985.
However, the recommendation for your advancement
was removed by the commanding officer on 31 March 1986, prior to
your advancement date due to your failure to maintain physical
fitness standards.
The enlisted performance evaluation for the
period of 14 August 1985 until 31 March 1986 indicates that you
received adverse (2.8) marks in initiative and the
recommendation for advancement was removed.
Due to these
adverse actions, this evaluation was forwarded to you for
comment.
corresponding statement from your commanding officer, indicates
that you were not maintaining physical fitness standards, which
resulted in removal of the advancement recommendation.
Your record shows that you served without further incident until
8 February 1989,
at which time you were honorably discharged at
the expiration of your term of enlistment.
were issued an RE-4 reenlistment code due to your active service
exceeding the high year tenure (HYT) limitations established for
your pay grade.
Your statement to this evaluation, with the
At that time, you
Regulations provided that the HYT limit for individuals serving
in pay grade E-4 was 10 years of active naval service.
Reenlistment beyond the HYT limit of 10 years was not authorized
and assignment of an RE-4 reenlistment code was required.
you were treated no differently than others discharged under
similar circumstances, the Board could find no error or
injustice in your assigned reenlistment code.
concluded that the reenlistment code was proper and no change is
warranted.
The
names and votes of the members of the panel will be furnished
upon request.
I
Accordingly, your application has been denied.
The Board
Since
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
You are entitled to have
In this regard,
the Board.
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.
it is important to keep in mind that
Sincerely,
W. DEAN PFEIFFER
Executive Director
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