DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TRG
Docket No:
11 July 2001
1234-00
Dear
-
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 10 July 2001.
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.
On 4 August 2000 you were counseled concerning
Your record shows that you enlisted in the Navy on 26 May 2000 at
age 19.
deficiencies in performance and conduct.
That same day, you
began a period of unauthorized absence which lasted until you
surrendered on 13 September 2000.
On 21 September 2000 you
received nonjudicial punishment for this 39 day period of
unauthorized absence.
forfeitures of pay and restriction.
The punishment imposed included
Subsequently you were processed for an administrative separation
by reason of misconduct due to your commission of a serious
offense.
In connection with this processing, you elected to
waive your right to have your case heard by an administrative
discharge board.
directed an entry level separation by reason of misconduct and
you were so separated on 4 October 2000.
not recommended for reenlistment and were assigned an RR-4
reenlistment code.
On 28 September 2000 the separation authority
At that time you were
You contend in your application that the RE-4 reenlistment code
was improperly assigned because a charge of disobedience was
dismissed by the commanding officer.
misconduct which resulted in the counseling entry of 4 August
2000.
of unauthorized absence.
However, you were separated because of the 39 day period
This apparently was the
‘I
Regulations require the assignment of an RE-4 reenlistment code
when an individual is separated by reason of misconduct.
Since
you have been treated no differently than others separated for
that reason, the Board could not find an error or injustice in
the assignment of the RE-4 reenlistment code.
votes of the members of the panel will be furnished
up-on request.
The names and
Accordingly, your application has been denied.
It is regretted that the circumstances of your case
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.
are such that
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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