DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
WASHINGTON DC 20370-510
0
S
CRS
Docket No: 4524-01
30 July 2001
Section 1552.
Your allegations of error and
The record reflects that you received three
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code,
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 25 August 1999
at age 20.
nonjudicial punishments.
The offenses included an unauthorized
absence, failure to obey a lawful order, willful disobedience of
a lawful order, and two instances of disrespect.
On 5 February 2001 the commanding officer recommended that you be
separated with a general discharge by reason of misconduct due to
a pattern of misconduct.
you elected to waive the right to present your case to an
administrative discharge board.
authority, the recommendation for separation was approved and you
were discharged with a general discharge on 28 February 2001. At
that time you were assigned a reenlistment code of RE-4.
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
When informed of the recommendation,
After review by the discharge
Since you have been treated no differently than
The names and
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,
since you did not ask for such
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.
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
Enclosure
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