DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 2698-05
6 October 2005
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 5
October 2005. 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, 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.
You enlisted in the Navy on 13 June 1989 at age 19 and served without
incident for about 33 months. However, during the period from 13
March to 29 May 1992 you received two nonjudicial punishments (NJP’s)
for three instances of unauthorized absence (UA) totaling about 9
days, missing the movement of your ship, and dereliction of duty. You
were counseled after the first NJP due to your pattern of disregard
for military authority, and warned that further deficiencies in your
performance or conduct could result in administrative separation or
disciplinary action.
On 28 August 1992 the commanding officer initiated administrative
separation action under the provisions of an early separation
program. Although not all of the discharge documentation is filed in
your record, it appears that your early release from active duty was
processed according to regulations in effect at that time, and was
subsequently approved by the separation authority. On 28 August 1992
you were honorably released from active duty and transferred to the
Naval Reserve while serving in pay grade E-2. At that time you were
assigned a reenlistment
code of RE-4, which means that you are neither recommended or eligible for
reenlistment.
On 12 June 1993 you were honorably discharged from the Naval Reserve. At
that time you were recommended for reenlistment.
Applicable directives in effect at the time of your release from active
duty directed the assignment of reenlistment code RE-4 to those members who
were not recommended or eligible for reenlistment. You were not recommended
for reenlistment obviously because of the two NJPts. Additionally, in three
years of service, you were serving in pay grade E-2. Accordingly, the
reenlistment code RE-4 was properly and appropriately assigned. Your
recommendation for reenlistment, which was issued when you were discharged
is obviously an error and does not warrant a change to the record at the
time of your release from active duty.
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 PFEIF R
Executive Director
2
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