DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 2398-01
10 August 2001
Dear
w.
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.
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
8 August 2001.
reviewed in accordance with administrative regulations an-d
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 16 December 1986
for four years at age 22.
advanced to PNSA (E-2) and served without incident until 29 June
1987 when a National Agency Check revealed that a civil
conviction for rape in September 1982 was not disclosed on your
pre-enlistment documents.
The record reflects that you were
On
3 August 1987 you were notified that administrative separation
action was being considered by reason of defective enlistment and
induction due to fraudulent entry into the Naval service.
You
were advised of your procedural rights and that the characteri-
zation of your discharge would be honorable.
You declined to
consult with legal counsel and waived your rights.
object to the discharge.
Thereafter, the discharge authority
directed an honorable discharge by reason of erroneous
enlistment.
assigned an RE-4 reenlistment code.
You were so discharged on 21 August 1987 and
You did not
The Board noted your contention that you have no
Regulations authorize the assignment of an RE-4 reenlistment code
to individuals discharged by reason of erroneous enlistment. An
RE-4 reenlistment code means an individual is ineligible for
reenlistment without prior approval of Commander, Navy Personnel
Command.
serious convictions since your discharge.
However, the Board
concluded that failure to disclose a civil conviction for rape
provided sufficient justification to warrant a non-recommendation
for reenlistment and assignment of an RE-4 reenlistment code. A
Federal Bureau of Investigation report obtained by the Board
noted that your post-service conduct has been marred by
convictions for an offense involving the use of a controlled
substance, and battery.
the reenlistment code was proper and no change is warranted.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
Accordingly, the Board concluded that
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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