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NAVY | BCNR | CY2001 | 01227-01
Original file (01227-01.pdf) Auto-classification: Denied
DEPARTMENT  OF THE  NAVY 

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2  N A V Y   ANNEX 

W A S H I N G T O N   DC  2 0 3 7 0 - 5 1 0 0  

CRS 
Docket No:  1227-01 
8 March 2001 

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 7 March 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 Board found that you enlisted in the Navy on 4 August 1999 at 
age 19.  The record reflects that on 1 November 2000 you received 
nonjudicial punishment for unauthorized absences totalling 355 
days. 

On 28 November 2000 the commanding officer recommended that you 
be separated with an other than honorable discharge by  reason of 
misconduct due to commission of a serious offense.  When informed 
of the recommendation, you elected to waive your right to present 
your case to an administrative discharge board.  After review by 
the discharge authority, the recommendation for separation was 
approved and you were discharged with an other than honorable 
discharge on 5 December 2000.  At that time you were assigned a 
reenlistment code of RE-4. 

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.  ~ccordingly, 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 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. 

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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