DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAW ANNEX
WASHINGTON DC 203704100
CRS
Docket No:
2 June 1999
8804-98
Your allegations of error and
application for correction of your
provisions of Title 10, United
Dear
, This is in reference to your
naval record pursuant to the
States Code, Section 1552.
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
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.
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 6 August 1996 at
Your record reflects that you received three nonjudicial
age 18.
punishments.
The offenses included underage drinking and absence
from your appointed place of duty.
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
The record clearly shows that you were discharged
was approved.
on 3 June 1998 with an other than honorable discharge by reason
At that time you
of misconduct due to pattern of misconduct.
were assigned a reenlistment code of RE-4.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contentions you made in the attachment to your
application.
after review by the discharge
such as your youth and immaturity
However, the Board concluded that these factors
In this regard, you submitted no
Therefore, the Board concluded that no change
were not sufficient to warrant an honorable discharge or
reinstatement to active duty.
evidence in support of your contentions and the record contains
no such evidence.
to the discharge is warranted.
Regulations require the assignment of an RE-4 reenlistment code
Since you
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.
Accordingly, your application has been denied.
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.
The names and
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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