DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4338-01
27 July 2001
Your allegations of error and
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 enlisted in the Navy on 20 January 1987
at age 20.
punishment on 29 January 1988 for use of cocaine.
evaluation,
personality disorder.
On 4 March 1988 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to drug abuse and commission of a serious offense.
When informed of the recommendation, you elected to waive the
right to present your case to an administrative discharge board.
Subsequently, you received a second nonjudicial punishment on 20
April 1988 for an unauthorized absence of 12 days.
After review
by the discharge authority,
the recommendation for separation was
approved and on 26 April 1988 you were discharged with an other
than honorable discharge by reason of misconduct due to
commission of a serious offense.
a reenlistment code of RE-4.
The record reflects that you received nonjudicial
conducted on 5 February 1988, diagnosed you with a
A psychiatric
At that time you were assigned
Since you have been treated no differently than
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged by reason of
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
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.
since you did not ask for such
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
2
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