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NAVY | BCNR | CY2006 | 02225-06
Original file (02225-06.rtf) Auto-classification: Denied
         DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 TJR
Docket No: 2225-06
20 September 2006






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-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 September 2006. 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 probabli material error or injustice.
You enlisted in the Naval Reserve and began a period of active duty on 29 August 1979. You served without disciplinary incident until 1 September 1981, when you received nonjudicial punislirnent (NJP) for wrongful possession and use of marijuana and wrongful possession of drug paraphernalia. The punishment imposed was a reduction to paygrade E-3, which was suspended for six months. However, on 15 October 1981, you received NJP for being incapacitated for duty due to intoxication. The punishment imposed was restriction for 30 days and vacation of the 1 September 1981 suspended reduction.
On 21 May 1982 you received your third NJP for dereliction of duty and were awarded restriction and extra duty for 30 days and a $300 forfeiture of pay.
On 28 August 1982, while serving in paygrade E-3, 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 7 August 1985, upon expiration of your obligated service, you were honorably discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and desire to reenlist. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code because of the misconduct for which you received three NJPs and 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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