DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2526-01
4 June 2001
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 23 May
2001. Your allegations of error and 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 10 November 1998 at age
17. The record reflects that on 27 July 1999 you received nonjudicial
punishment for an unauthorized absence of 46 days, failure to obey a
lawful order on two occasions, and underage possession of alcohol.
On 6 August 1999 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. When informed of this
recommendation, you elected to waive the right to present your case to
an administrative discharge board. After review by the discharge
authority, the recommendation for separation was approved and you were
discharged with an other than honorable discharge on 13 August 1999. At
that time you were 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. Since you have
been treated no differently than
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. The names and 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, since you did not ask for such 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. 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
Enclosure
2
NAVY | BCNR | CY2001 | 04907-01
The names and of.$ur reenlistment code. The Board did not consider whether your characterization of service should be changed, since you did not ask for such consideration and you have not exhausted your administrative remedy by applying to the Naval Discharge Review Board (NDRB). 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.
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