DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL R E C O R D S
2 NAVY ANNEX
W A S H I N G T O N DC 2 0 3 7 0 - 5 1 0 0
WMF'
Docket No: 9602-02
1 May 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 30 April 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 24
November 1993 and, on 8 February 1994, began a 36 month period
of active duty. The record reflects that you served without
incident until 10 June 1996, when you received nonjudicial
punishment (NJP) for incapacitation for duty due to drunkenness.
The punishment imposed was forfeitures of $427 per month for two
months, 30 days of restriction and extra duty, and a reduction
in rate to firemen recruit (FR; E-1) .
On 29 October 1996 you received NJP for three instances of being
disrespectful in language and assault. The punishment imposed
was a forfeiture of $404 and 30 days of restriction and extra
duty.
On 2 November 1996 you received an adverse enlisted performance
evaluation upon your separation, for the period 16 July to 2
November 1996. In this evaluation, you received adverse marks
of 2.0 in the marking categories of professional knowledge,
military bearing/character, personal job
accomplishment/initiative and teamwork. The overall evaluation
mark was 2.33. Your commanding officer did not recommend you
for retention and your were progressing towards an advancement
recommendation.
On 7 December 1996, you were honorably released from active
duty, transferred to the Naval Reserve due to reduction in
force, and assigned an RE-4 reenlistment code.
In its review of your application the Board carefully weighed
all potentially mitigating factors including your contention
that you were forced to sign an incorrect DD Form 214 that
indicated that you were an fireman recruit (FR; E-l), and not
fireman apprentice (FA; E-2). However, the Board concluded that
your DD Form 214 was correct based on your reduction in rate
during the NJP of 10 June 1996 and the fact that your record
does not show that you were advanced to E-2 after this date or
prior to your separation. Furthermore, the Board found that
your reenlistment code was appropriately assigned given your two
NJP1s, and because regulations require the assignment of an RE-4
reenlistment code to all individuals who are released from
active duty in paygrades E-2 and below. 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
NAVY | BCNR | CY2002 | 06278-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 July 2003. The letter of 27 March 1986 that notified you that the request was denied stated that your "statements clearly demonstrate that your request for discharge (was) based on dissatisfaction with the naval service and not by reason of conscientious objector beliefs." Consequently, when applying for a correction of an official naval record, the burden is...
NAVY | BCNR | CY2002 | 09632-02
A three-member panel o$ the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2003. Although the documents concerning your separation processing are not contained in your records, it is clear that you were processed for separation by reason of fraudulent entry due to your failure to disclose pre-service medical treatment and diagnosed personality disorder. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2001 | 08493-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 April 2002. On 20 October 1995 you were notified that separation action was being initiated due to the diagnosed personality disorder. 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.
NAVY | BCNR | CY2001 | 06700-01
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice. On 25 February 1993 you received your fourth NJP for absence from your appointed place of duty and...
NAVY | BCNR | CY2002 | 07620-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 May 2003. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2001 | 03392-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2002. The members of the chain of command were present, made statements and were available to answer questions . He then told LT HI who then called Ms. D. The Board also considered the statement of the retired chief petty officer who stated that you were not derelict in your duties while you were treating him and that he did not see any disrespect.
NAVY | BCNR | CY2002 | 00133-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 June 2002. Documentary material considered by the Board consisted of your application, together with all materizl submitted in support thereof, your naval record and applicable statutes, regulations and policies. On 29 April 1992 the separation action was forwarded to the Chief of Naval Personnel for final action and on 5 June 1992, your discharge was directed...
NAVY | BCNR | CY2001 | 06070-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2002. 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. On 26 March 1996, this Board denied your requests for further recharacterization of your service, and changes in your narrative reason for...
NAVY | BCNR | CY2002 | 10975-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 October 2 0 0 3 . 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. Subsequently, your request for discharge was granted and on 26 June 1984 you received an other than honorable discharge in lieu of trial by...
NAVY | BCNR | CY2002 | 08750-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 June 2002. 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. Nevertheless, the Board found the evidence and materials submitted were not sufficient to warrant recharacterization of your discharge because of...