DEPARTMENT OF THE NAVY
BOARD
FOR CORRECTION OF
NA’IAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 859-01
6 June 2001
Documentary
Dear
This is in reference to your application for correction of your
naval record pursuant to the provision:; 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
Your allegations of error and
application on 6 June 2001..
injustice were reviewed in accordance with administrative
regulations and procedures applicable
'to the proceedings of this
Board.
materi.al 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
record, the Board found that the
insufficient to establish the
error or injustice.
The Board found that you enlisted in the Navy on 19 June 1997 at
age 18.
punishments.
The offenses included use of provoking speeches or
gestures, and disorderly conduct.
On 12 September 1998 the commanding officer recommended that you
be separated with an other than honorable discharge by reason of
When informed of this
misconduct due to a pattern of misconduct.
recommendation, you elected to waive your right to present your
After review by the
case to an administrative discharge board.
discharge authority, the recommendation for separation was
approved and you were discharged with an other than honorable
discharge by reason of
you were assigned a reenlistment code of RE-4.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged by reason of
misconduct.
the Board could not find an error or
others in your situation,
considjaration of the entire
evide.nce submitted was
existenc'a of probable material
Since you have been treated no differently than
The record
reflec:ts that you received two nonjudicial
miscondut on 8 October 1998.
At that time
injustice in the assignment of your reenlistment code of RE-4.
The names and
Accordingly, your application has been denied.
votes of the members of the panel will. be furnished upon request.
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.
of your case are such that
It is regretted that the circumstances
favorable action cannot be taken.
Board reconsider its decision upon submission of new and material
evidence or other matter not
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.
previously considered by the Board.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
2
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