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NAVY | BCNR | CY2001 | 04199-01
Original file (04199-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

CRS
Docket No: 4199-01
21 June 2001

Dear

This is in reference to your
naval record pursuant to the
States Code, Section 1552.

application for correction of your
provisions of Title 10, United

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 June 2001.
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.

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.

The Board found that you enlisted in the Navy on 30 December 1997
The record reflects that you received two nonjudicial
at age 19.
punishments.
knife, disobedience of a lawful written order, drunk and
disorderly conduct,

The offenses included assault, possession of a

and violation of a lawful general regulation.

On 1 March 2000 the commanding officer recommended that you be
separated with a general discharge by reason of misconduct due to
commission of a serious offense and a pattern of misconduct.
you elected to waive your
When informed of the recommendation,
right to present your case to an administrative discharge board.
After review by the discharge authority, the recommendation for
separation was  
awroved and on 11 April 2000 you were discharged
with a general discharge by reason of misconduct due to a pattern
of misconduct.
code of RE-4.

At that time you were assigned a reenlistment

Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged by reason of

Since you have been treated no differently than

misconduct.
others in your situation, the Board could not find an error or
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 characterization of
since you did not ask for such
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
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

Enclosure

2



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