DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
,
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 3882-01
27 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 24 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
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 reenlisted in the Navy on 28 December
1997 after more than seven years of prior active service.
The
record reflects that on 28 January 1999 you were convicted by
civilian authorities of writing a worthless check.
The court
sentenced you to confinement for two days and directed you to
make restitution.
Subsequently, you wrote five more worthless
checks.
The commanding officer then recommended that you be separated
with a general discharge by reason of misconduct due to
commission of a serious offense.
recommendation, you elected to waive the right to present your
case to an administrative discharge board.
After review by the
discharge authority,
approved and you were discharged with a general discharge by
reason of misconduct on 12 April 1999.
At that time you were
assigned a reenlistment code of RE-4.
Applicable regulations require the assignment of an RE-4
the recommendation for separation was
Your allegations of error and
When informed of the
The names and
since you did not ask for such
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.
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 characterization of
service should be changed,
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.
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 the
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
2
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