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NAVY | BCNR | CY2001 | 01830-01
Original file (01830-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

CRS
Docket No: 1830-01
21 March 2001

Your allegations of error and

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
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 6 August 1997 at
age 23.
absentee from 25 September to 23 October 1998 and from 23 October
1998 to 5 January 1999, a total of 86 days.
While the record does not contain any evidence of your
.'
disciplinary actions and separation processing documents, it
appears that 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, after
review by the discharge authority, the recommendation for
separation was approved.
The record clearly shows that on 18
March 1999 you were discharged with an other than honorable
discharge by reason of misconduct.
assigned a reenlistment code of RE-4.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged due to
misconduct.

The record reflects that you were an unauthorized

At that time you were

Since you have been treated no differently than

since you did not ask for such

others in your situation, the Board could not find an error or
injustice in the assignment of your reenlistment code.
The names and
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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