DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No:
28 June 1999
1771-98
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 23 June 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 Board found that you enlisted in the Navy on 29 September
1987 at age 24.
nonjudicial punishments.
absences totalling at least two days, disorderly conduct,
fighting, failure to obey a lawful order on two occasions,
disrespect, possession of a controlled substance, drunkenness,
and drunk and disorderly conduct.
Your record reflects that you received four
The offenses included unauthorized
While the discharge processing documents are not available, it
appears that the commanding officer then recommended that you be
separated with a general discharge by reason of misconduct due to
commission of a serious offense.
authority, the recommendation was approved.
clearly shows that you were separated on 14 February 1990 with a
general discharge by reason of misconduct due to commission of a
serious offense.
After review by the discharge
Your DD Form 214
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and immaturity
and the contention that you were innocent of the drug charge.
However, the Board concluded that these factors were not
sufficient to warrant upgrading your discharge.
In this regard,
there is no evidence in the record to support your contention of
innocence, and you submitted no such evidence.
Board concluded that no change to the discharge is warranted.
Therefore, the
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 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.
The names and
It is regretted that the circumstances of your case are such that
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.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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