DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TRG
Docket No: 1379-01
15 August 2001
B
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 14 August 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 existence of probable material
error or injustice.
You enlisted in the Navy on 9 September 1988 at age 19.
record shows that in January and February 1989, you received
nonjudicial punishments for disrespect,
restriction.
counseled and warned concerning your conduct and performance.
Prior to the first nonjudicial punishment you were
disobedience and breaking
The
Based on the foregoing record you were processed for an
administrative discharge by reason of misconduct. An
administrative discharge board met on 10 March 1989 and found
that you had committed misconduct which warranted discharge under
other than honorable conditions.
On 12 April 1989 you received
another nonjudicial punishment for five instances of breaking
restriction.
the recommendation of your commanding officer that you
discharged for misconduct with a discharge under other
honorable conditions, and you were so
At that time you were not recommended
assigned an RE-4 reenlistment code.
On 10 May 1989 the discharge authority approved
discharged on 19
for reenlistment
be
than
May 1989.
and were
Your case was considered by the Naval
(NDRB) in 1999.
The NDRB essentially found that given the nature
Discharge Review Board
of your offenses and your excellent post service conduct, a
discharge under other than honorable conditions was no longer
appropriate.
recharacterized to general under honorable conditions.
the reason for discharge was not changed.
Accordingly, NDRB directed that your discharge be
However,
In its review of your application the Board carefully weighed all
potentially mitigating factors,
changes in the reason for discharge and reenlistment code so that
you can progress in the Army National Guard.
found that these factors were not sufficient to warrant further
recharacterization of your discharge or to change the reason for
the discharge given your record of misconduct.
such as your youth and desire for
However, the Board
Concerning your request for a change in the reenlistment code,
the Board noted that regulations require the assignment of an
4 reenlistment code when an individual is discharged by reason of
misconduct.
others in your situation,
injustice in the assignment of the RE-4 reenlistment code.
Since you have been treated no differently than
the Board could not find an error or
RE-
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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.
copy
The Disabled American Veterans
to:'
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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