DEPARTMENT OF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No:
27 May 1999
8765-98
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 27 April 1999.
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.
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 offenses included unauthorized absences
The Board found that you enlisted in the Navy on 25 June 1997 at
age 19.
Your record reflects that you received four nonjudicial
punishments.
totalling at least 18 days,
stealing candy from a vending machine, assault, breaking
restriction, possession of alcohol in the barracks, consuming
alcohol in a restricted status,
a restricted status,
quarterdeck.
underage drinking on two occasions,
-and urinating in the area of the
wearing civilian clothes while in
While your record does not contain the separation processing
documents, it appears that the commanding officer recommended
that you be separated with an other than honorable discharge by
reason of misconduct and,
authority, the commanding officer's recommendation for separation
discharsed
was approved.
on
28-May 1998 with an other
of misconduct due to pattern
were assigned a reenlistment
than honorable discharge by reason
of misconduct.
code of RE-4.
The record clearly shows that you were
after review by the discharge
At that time you
.
Regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged due to misconduct,
have been treated no differently than others in your situation,
the Board could not find an error or injustice in the assignment
of your reenlistment code.
been denied.
will be furnished upon request.
Accordingly, your application has
The names and votes of the members of the panel
Since you
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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