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NAVY | BCNR | CY2001 | 02132-01
Original file (02132-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE  
BOARD FOR CORRECTION OF NAVAL RECORD

NAVY-

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

CRS
Docket No: 2132-01
19 July 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 18 July 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 19 November 1985
at age 24.
nonjudicial punishments.
duty, insubordination on three occasions, disrespect on two
occasions, an unspecified violation of Article 92 of the Uniform
Code of Military Justice and an unauthorized absence.
On 21 June 1989 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to a pattern of misconduct and commission of a
serious offense.
elected to waive the right to present your case to an
Subsequently, you received a
administrative discharge board.
fourth nonjudicial punishment for willfully disobeying a superior
commissioned officer, disrespect, and use of provoking speech.
After review by the discharge authority, the recommendation for
separation was approved and on 4 August 1989 you were discharged
with an other than honorable discharge by reason of a pattern of
misconduct.
At that time you were assigned a reenlistment code

Your record reflects that you received three

The offenses included dereliction of

When informed of the recommendation, you

However, the Board concluded that these factors were

of RE-4.
On 17 October 1990 the Naval Discharge Review Board changed the
characterization of your service to general.
for separation, misconduct, was not changed.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
not sufficient to warrant further recharacterization of your
discharge, given your record of four nonjudicial punishments.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged by reason of
Since you have been treated no differently than
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.
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.

However, the reason

The names and

Sincerely,

W. DEAN PFEIFFER
Executive Director



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