DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
CRS
Docket No: 1822-01
21 March 2001
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 20 March 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 18 August 1999
at age 18.
punishments.
days, absence from your appointed place of duty on two occasions,
willful disobedience of a lawful order on two occasions, and
wearing a tongue ring while in uniform.
-9
On 31 March 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 and a pattern
of misconduct.
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 on 7 April 2000
you were
At that
reason of misconduct due to a pattern of misconduct.
time you were assigned a reenlistment code of RE-4.
Applicable regulations require the assignment of an RE-4
The record reflects that you received two nonjudicial
The offenses included an unauthorized absence of 18
dicharged with an other than honorable discharge by
The names and
since you did not ask for such
Since you have been treated no differently than
reenlistment code when an individual is discharged due to
misconduct.
others in your situation, 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.
The Board did not consider whether your characterization of
service should be changed,
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.
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.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
2
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