DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
TRG
Docket No: 4947-98
22 April 1999
Dear.
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 20 April 1999.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
considered.by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
In addition, the Board considered the advisory
and policies.
opinion furnished by the Navy Personnel Command dated 11 February
1999, a copy of which is enclosed.
Your allegations of error and
Documentary material
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.
concurred with the comments contained in the advisory opinion.
the Board noted that your separation
In reaching its decision,
due to an erroneous enlistment appears to be correct because you
would not have been enlisted if the Navy had known about the
pending criminal charges.
denied.
furnished upon request.
The names and votes of the members of the panel will be
In this connection, the Board substantially
Accordingly, your application has been
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
2
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN
2805 5-0000
542 0
NPC-832 C
11 Feb 99
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS (BCNR)
Via:
Subj:.
Encl:
NPC/BCNR Coordinator
.*I'
(NPC-OOZCB)
(1) BCNR File 04947-98
(2) Petitioner's Microfiche Record
The petition and naval records of subject petitioner
1.
have been reviewed relative to his request for change of
reenlistment code to RE-1.
in Jun 92 for carrying a
Subsequent to enlistment in Jan 96, he was
The review indicates that prior to enlistment
2.
petitioner admitted to an arrest
concealed gun in school and another arrest in Jun 94 for
carrying a concealed gun to a party where a shooting
occurred.
arrested for a shooting incident which happened a few days
Even though the
before he arrived at recruit training.
civilian authorities failed to prosecute the case due to
I am unconvinced that he had no
insufficient evidence,
involvement.
testimony at trial which is often difficult to obtain due
to fear of repercussion.
exhibited a propensity to unlawfully carry weapons and has
developed a pattern of behavior and associations that could
The discharge he received from
be considered detrimental.
RTC Great Lakes was relatively innocuous considering the
circumstances.
unjust
petition is not recommended.
Prosecuting a case requires eyewitness
His allegation that the discharge was
I believe that the petitioner has
is unfounded.
Therefore,
favorable action on this
To the Head, Enlisted
Performance Branch
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