DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 647-01
22 June 2001
bea riiygeaggalal.
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 for the Board for Correction of Navy
Records, sitting in executive session, considered your
application on 20 June 2001. Your allegations of error and
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.
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 record reflects that you enlisted in the Navy on 6 July 1998
for four years at age 18. On 19 March 1999 you were discharged
under other than honorable conditions by reason of misconduct due
to commission of a serious offense, and were assigned an RE-4
reenlistment code. Neither the DD Form 214 which you provided
nor the discharge processing documentation is filed in your
record.
Regulations require the assignment of an RE-4 reenlistment code
to an individual discharged by reason of misconduct. Absent
evidence to the contrary, a presumption exists that action taken
by the Navy to discharge you was appropriate and proper. Since
you were treated no differently than others discharged under
similar circumstances, the Board could find no error or injustice
in your assigned reenlistment code. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
The Board did not consider the characterization of your discharge
since you have not exhausted your administrative remedies by
first applying to the Naval Discharge Review Board (NDRB). The
NDRB is authorized to change both the reason for discharge and
the characterization of discharge. However, it cannot change a
reenlistment code. Enclosed is a DD Form 293 which may be used
to apply to the NDRB.
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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