DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 1676-01
15 January 2002
Your allegations of error and
Dear
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 9 January 2002.
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 23 April 1990 at
age 18.
The record reflects that you received three nonjudicial
The offenses included an unauthorized absence of 19
punishments.
days, absence from your appointed place of duty, failure to obey
a lawful order, assault and battery,
conduct.
On 26 February 1993 an administrative discharge board recommended
that you be separated with a general discharge by reason of
misconduct due to a pattern of misconduct.
discharge authority, the recommendation for separation was
modified and you received an honorable discharge by reason of
misconduct due to commission of a serious offense on 14 April
At that time you were assigned a reenlistment code of
1993.
RE-4.
An advisory opinion from the Navy Personnel Command dated 25
April 2001 stated that you were not eligible for Montgomery GI
Bill benefits since you did not serve for 36 months and were
and drunk and disorderly
After review by the
A copy of that opinion is
The names and
Since that is the reason for your discharge, you
separated by reason of misconduct.
attached.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
However, the Board concluded that these factors were
immaturity.
not sufficient to warrant a change in the reason for discharge,
given your three disciplinary actions.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged due to
misconduct.
have been treated no differently than others in your situation.
Therefore, the Board could not find an error or injustice in the
assignment of your reenlistment code.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
1780
PERS-604
25 Apr 01
MEMORANDUM FOR EXECUTIVE DIRECTOR,
NAVAL RECORDS
BOARD FOR CORRECTION OF
via:
Assistant for BCNR Matters
(PERS-OOZCB)
Subj:
Ref:
REQUEST FOR COMMENTS AND RECOMMENDATIONS
MR .
ICC
(a)
(b) Title 38,
CNPC memo 5420 PERS-OOZCB of 3 Apr 01
United States Code, Chapter 30
1.
The following is provided in response to reference (a):
a.
Per reference
(b), members who serve less than 36 months
of a three-year or longer enlistment must be discharged for one
to be eligible for Montgomery GI Bill
of the following reasons
Pre-existing medical condition,
(MGIB) Program benefits:
service connected disability, reduction in force, hardship,
certain physical or mental conditions or,
the government after serving a minimum of 30 months of active
duty.
for the convenience of
b.
A review of Mr.
ervice record indicates he
with a four-year term of
After serving 35 months of active duty, he was
entered active duty on 2
enlistment.
discharged for "Misconduct
We cannot recommend approval
his Separation Code or Ree
currently reflected on Mr.
eligible to receive MGIB Program benefits since he did not serve
the required 36 months of active duty.
2.
reached at
PERS-604's point of contact is MS2
erious Offense."
request to change
information
- Commi
of Mr
(DSN) 882-4244 or
(C) 901-874-4244.
who can be
he is not
Director, Navy Drug
Behavioral Health, Federal
& Partnerships
Education,
Division (PERS-60)
& Alcohol,
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