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Decision Text

NAVY | BCNR | CY2001 | 00715-01
Original file (00715-01.pdf) Auto-classification: Denied
DEPARTMENT 

OF THE NAVY

BOARD 

FOFI  CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WCiSHlNGTON  DC 20370.510

0

ELP
Docket No. 715-01
7 June 2001

This is in 
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.

re'ference to your application for correction of your

A three-member panel for the Board for Correction of Navy
Records, sitting in executive session, considered your
application on 6 June 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.

Documentary material considered by the Board consisted of
together with all material submitted in support

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  
error or injustice.

existenc:e of probable material

The Board found that you enlisted in the Navy on 3 January 1996
for four years at age 20.
The record reflects that you served
without incident until 6 March 1996,
counseled for touching several female recruits in an aggressive
and sexual manner.
behavior could result in administrative separation under other
than honorable conditions.

You were warned that failure to correct your

when you were formally

On 9 May 1996 you were  
unauthorized absence  
were sentenced to confinement at hard labor for 19 days and a
forfeiture of two-thirds of month's pay.

(UA), from 27 March to 15 April 1996.

cclnvicted  by summary court-martial of an

You

On 17 May 1996 you were notified that administrative separation
action was being initiated by reason  
and conduct.
declined to consult with legal counsel, or submit a statement in
your own behalf, and waived the right to have your case reviewed

You were advised of your procedural rights,

of entry level performance

Thereafter,
by the general court-martial convening authority.
the discharge authority directed an uncharacterized entry level
separation by reason of entry level performance and conduct.
were so discharged on 24 May 1996 and assigned an RE-4 reenlist-
ment code.

You

assignment of an  

RE-4 reenlistment code

The Board noted your regret for the mistakes which led
that your actions did not

Regulations require the
to individuals separated by reason of entry performance and
conduct.
to your discharge and the contention
deserve such a restrictive reenlistment code.
noted that it is rare for an individual to receive a disciplinary
The
action during recruit training, let  
Board could find no error or injustice in your assigned
reenlistment code since you were treated no differently than
others separated under  
concluded that the  
warranted.
names and votes of the members of the panel will be furnished
upon request.

‘das proper and no change is
The

Accordingly, your application has been denied.

a.Lone a court-martial.

However, the Board

s:Lmilar circumstances.

The Board

reenlistment code 

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 
record, the burden is on the applicant to demonstrate the
existence of probable  

apply:ing for a correction of an official naval

ma,terial error or injustice.

Sincerely,

W. DEAN PFEIFFER
Executive Director

2



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