DEPARTMENT OF THE NAV
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Docket No: 3967-01
30 October 2001
Dear
-
*
.
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 October 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
your naval record and applicable statutes, regulations
Your allegations of error and
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.
You enlisted in the Navy on 29 June 1999 at age 17.
On 22 June
2000 you received nonjudicial punishment for nine specifications
df obtaining services under false pretenses.
imposed included a reduction in rate to ITSR (E-l).
nonjudicial punishment, you were processed for an administrative
discharge by reason of misconduct.
On 8 September 2000, the
discharge authority directed a general discharge.
performance evaluation for the period 29 June to 15 September
2000, you were not recommended for promotion or retention in the
You received the general discharge on 15 September 2000.
Navy.
At that time, you were not recommended for reenlistment and were
assigned an RE-4 reenlistment code.
The punishment
In the
Based on the
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth.
The Board
found that these factors were not sufficient to warrant
recharacterization, given your discharge by reason of misconduct.
The Board noted that a discharge under other than honorable
conditions is authorized and often directed when an individual is
separated due to misconduct.
Accordingly, you were fortunate to
have been issued a general discharge.
Regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged by reason of misconduct.
you have been treated no differently than others discharged for
that reason, the Board could not find an error or injustice in
the assignment of the RE-4 reenlistment code.
Since
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
2
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