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NAVY | BCNR | CY2006 | 01630-07
Original file (01630-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                      WASHINGTON DC 20370-5100

                                                               TJR
                                                                                          Docket No: 1630-07
                                                                                          5 December 2007

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.
A three-mem ber panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 December 2007. 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 9 March 1984 at age 18 and began a period of active duty on 22 March 1984. You served for three years without disciplinary incident but on 25 August 1987 you were convicted by summary court-martial (SCM) of desertion resulting from a 41 day period of unauthorized absence (UA). You were sentenced to confinement for 30 days and reduction to paygra d e E-l. Shortly thereafter, on 22 September 1987, you received nonjudicial punishment (NJP) for wrongful use of cocaine and were awarded restriction and extra duty for 45 days and a $658 forfeiture of pay.
Your record contains an enlisted performance (page 9) entry dated 8 April 1988 which states that you were recommended for reenlistment. However, an administrative remarks entry of the same date states, in part, that you were not recommended for reenlistment because of your lack of professional growth.
On 8 April 1988, while serving in paygrade E-2, you were honorably released from active duty upon completion of your required active duty. At that time you were not recommended for reenlistment and were assigned an RE-4 reenlistment code. On 27 May 1990, upon expiration of your obligated service, you were honorably discharged. The record reflects that reenlistment was again not recommended.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, period of honorable service, and your desire to reenlist. It also considered your assertion of that you are unaware as to why you were assigned an RE-4 reenlistment code. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code because of the seriousness of your repetitive misconduct which resulted in NJP, a court-martial conviction for drug abuse, and the nonrecommendation for reenlistment. Finally, such a code is required when a Sailor is not recommended for reenlistment. 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

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