D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1316-99
1 July 1999
Dear
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 30 June 1999. 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 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 7 July 1994 at
age 18. Your record reflects that you received two nonjudicial
punishments. The offenses included an unauthorized absence of 43
days, six instances of making and uttering checks without
sufficient funds, and missing movement on three occasions.
On 22 July 1996 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to commission of a serious offense. When informed
of the recommendation, you elected to waive your right to present
your case to an adminstrative discharge board. After review by
the discharge authority, the recommendation for separation was
approved and you were discharged with an other than honorable
discharge on 8 August 1996. At that time you were assigned a
reenlistment code of RE-4.
Regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged due to misconduct. Since you
have been trt!ated no dif iei.ently thitn o t l l e r s in your sifiuation,
the Board could not find an error or injustice in the assignment
of your reenlistment code. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
The Board did not consider whether your characterization of
service should be changed, since you did not ask for such
consideration and you have not exhausted your administrative
remedy by applying to the Naval Discharge Review Board (NDRB).
You may apply to NDRB by submitting the attached DD Form 293.
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
Enclosure
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