DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECOR
X
2 NAVY ANNE
WASHINGTON DC 20370.510
0
D
__
ELP
Docket No. 4529-01
19 October 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
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
17 October 2001.
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.
considered your application on
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 11 July 1989 for four years as an SA
(E-2).
school for administrative reasons and were subsequently assigned
to AMS "A" school.
The record reflects that you were dropped from ET
A"
(UA) and failure to obey a lawful order.
You served without incident until 5 March 1990 when you received
(NJP) for a brief period of unauthorized
nonjudicial punishment
absence
were formally counseled regarding the period of UA and failure to
obey a lawful order.
You were warned that failure to take
corrective action regarding your misconduct could result in
administrative separation.
Thereafter, you
During the next 20 months, you served without further incident,
were advanced to AMSAN, and extended your enlistment for a period
of 17 months.
However, during the three month period from
NJPs for
December 1992 to 5 February 1993, you received two more
three brief periods of UA totaling about nine hours, a three day
period of UA, and writing 24 bad checks totalling nearly $2,000.
On 5 February 1993 you were notified that administrative
discharge action was being initiated by reason of misconduct due
to commission of a serious offense and minor disciplinary
You declined to consult with legal counsel
You were advised of your procedural rights and told
infractions.
that if discharge was approved, it could be under other than
honorable conditions.
and waived the right to present your case to an administrative
Thereafter, the commanding officer
discharge board (ADB).
recommended discharge under other than honorable conditions.
On 11 February 1995 the Chief of Naval Personnel directed an
other than honorable discharge by reason of misconduct due to
You were so discharged on
commission of a serious offense.
19 February 1993 and assigned an RE-4 reenlistment code.
Regulations require the assignment of an RE-4 reenlistment code
to individuals who are discharged by reason of misconduct due to
commission of a serious offense.
differently than others discharged under similar circumstances,
the Board could find no error or injustice in your assigned
reenlistment code.
code was proper and no change is warranted.
The Board concluded that the reenlistment
Since you were treated no
The Board did not consider the characterization of your discharge
since you have not exhausted your administrative remedies by
first petitioning the Naval Discharge Review Board.
is authorized to change both the reason for discharge and the
characterization of discharge.
However, it cannot change a
reenlistment code.
apply to that board.
Enclosed is a DD Form 293 that you may use to
That board
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.
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.
You are entitled to have
Enclosure
Sincerely,
W. DEAN PFEIFFER
Executive Director
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