DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 2717-01
26 July 2001
.-
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 25 July 2001.
Your allegations of error and
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 12 August 1993
at age 18.
received nonjudicial punishment for damaging government property.
The record reflects that on 14 November 1994 you
conducted on 26 February 1995,
A psychiatric evaluation,
On 16 March 1995 the
diagnosed you with a personality disorder.
commanding officer recommended that you be separated with the
type of discharge warranted by your service record by reason of
the diagnosed personality disorder and by reason of misconduct
due to commission of a serious offense.
When informed of the
recommendation, you elected to waive the right to present your
After review by the
case to an administrative discharge board.
discharge authority, the recommendation for‘separation was
approved and on 13 April 1995 you were discharged with an
honorable discharge by reason of misconduct.
were assigned a reenlistment code of RE-4.
Applicable regulations require the assignment of an RE-4
At that time you
Since you have been treated no differently than
reenlistment code when an individual is discharged by reason of
misconduct.
the Board could not find an error or
others in your situation,
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 reason for discharge
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).
NDRB by submitting the attached DD Form 293.
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.
You may apply to
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
2
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