DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 3738-01
5 October 2001
.
L
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.
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,
3 October 2001.
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 microfiche records provided for the Board's review were
incomplete.
However, the Board found that you reenlisted in the
Navy on 31 May 1996 for four years as an HN (E-3).
At the time
of your reenlistment, you had completed more than three years of
prior active service.
discharge by reason of misconduct due to commission of a serious
offense and were assigned an RE-4 reenlistment code.
The
discharge processing documentation containing the facts and
circumstances surrounding this separation action are not on file
in the available records.
On 22 November 1996 you received a general
On 5 June 2001, you were requested to provide copies of the
discharge processing documents,
was the basis for your discharge,
records.
However, you have not responded to the Board's request.
The Board, in its review of your application, conducted a careful
search of available records for any mitigating factors which
the civil court case you imply
and any pertinent medical
might warrant a recharacterization of your general discharge and
a change in your reenlistment code.
However, no justification
for such a change could be found.
The Board specifically noted
that you failed to respond to the Board's letter of 5 June 2001.
Absent the discharge processing documentation, a presumption
exists that the action to issue you a general discharge by reason
of misconduct was both appropriate and proper.
require the assignment of an RE-4 reenlistment code to
individuals separated by reason of misconduct.
upon you to provide the necessary documentation to show that the
record is in error or that you were treated unjustly by the Navy.
You have failed to submit any evidence that would satisfy-that
requirement.
names and votes of the members of the panel will be furnished
upon request.
Accordingly, your application has been denied, The
It is incumbent
Regulations
w
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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