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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 203704100
TRG
Docket No:
8 February 2000
7185-99
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 8 February 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and
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 9 September 1992
Subsequently, you extended that
for four years at age 18.
The record shows that you received
enlistment for 10 months.
nonjudicial punishment on 15 January 1993 and 22 November 1996.
Your offenses were underage drinking and an unauthorized absence
In addition, on 29 October 1996 you were
of about 15 minutes.
counseled after consuming alcohol while in a managed liberty
You were warned at that time that
status and injuring yourself.
further misconduct could lead to processing for an administrative
discharge.
Following the 26 November 1996 nonjudicial punishment you were
processed for a general discharge due to a pattern of misconduct.
In connection with this processing, you elected to waive your
procedural rights.
a general discharge.
period 16 June 1995 to 27 November 1996 you were not recommended
for advancement or retention in the Navy.
comments state that you had repeated liberty incidents.
general discharge was issued on 27 November 1996;
In the performance evaluation for the
Subsequently, the commanding officer directed
The evaluation
The
In its review of your application the Board carefully weighed all
such as your periods of good
You contend that there was no
The Board
potentially mitigating factors,
service and the minor nature of the offenses for which you
received nonjudicial punishment.
counseling or warning entry in the record and a single
nonjudicial punishment for a 15 minute unauthorized absence did
not support discharge due to a pattern of misconduct.
found that these factors and contentions were not sufficient to
warrant recharacterization of your discharge or to change the
reason for your discharge given your record of two nonjudicial
punishments.
evaluation show that you had continuing problems while in a
liberty status.
nonjudicial punishments and the overall record were sufficient to
support a general discharge due to a pattern of misconduct.
In addition, the counseling entry and performance
The Board concluded that a record of two
Regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged due to misconduct.
Since you
have been treated no differently than others discharged for that
reason, the Board could not find an error or injustice in the
assignment of the RE-4 reenlistment code.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
Executive Director
PFEIFFER
2
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