DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 3479-01
31 July 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 31 July 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
and applicable statutes, regulations,
thereof, your naval record,
and policies.
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Navy on 11 May 1987 at the
age of 18.
diagnosed with a personality disorder with antisocial schizotypal
traits.
Nearly a year later, on 11 March 1988, you were
Your record reflects that on 8 April 1988 you were convicted by
special court-martial (SPCM) of three specifications of
attempting to damage government property, resisting arrest, and
breach of peace.
for 135 days, a $750 forfeiture of pay, and reduction to
E-l.
You were sentenced to confinement at hard labor
paygrade
On 12 May 1988 you were notified of pending administrative
separation by reason of misconduct due to commission of a serious
offense.
legal counsel and to present your case to an administrative
discharge board.
directed your commanding officer to issue an other than honorable
At that time you waived your rights to consult with
On 13 June 1988 the discharge authority
On 21 June 1988 you were so discharged and assigned an
discharge by reason of misconduct due commission of a serious
offense.
RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that you feel that
you deserve the other than honorable discharge, but not the RE-4
However, the Board concluded these factors
reenlistment code.
and contention were not sufficient to warrant a change in your
reenlistment code because of the serious nature of your
misconduct.
an individual is separated by reason of misconduct.
the circumstances of your case,
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.
Further, an RE-4 reenlistment code is required when
the Board concluded your
Given all
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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