DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 4609-01
8 August 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 1 August 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 10 July 1996 at
age 21.
punishments.
The offenses included an unauthorized absence of 41
days, absence from your appointed place of duty on four occasions
and willful disobedience of a lawful order on four occasions.
On 11 August 1997 the commanding officer recommended that you be
separated with a general discharge by reason of misconduct due to
commission of a serious offense.
recommendation, you elected to waive the right to present your
case to an administrative discharge board.
discharge authority, the recommendation for separation was
approved and on 5 September 1997 you were discharged with a
general discharge.
toe of RE-4.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged by reason of
misconduct.
The record reflects that you received two nonjudicial
Since you have been treated no differently than
When informed of the
After review by the
At that time you were assigned a reenlistment
The names and
since you did not ask for such
the Board could not find an error or
others in your situation,
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,
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.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
2
NAVY | BCNR | CY2001 | 01914-01
recommendation, you elected to waive the right to present your case to an administrative discharge board. 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). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
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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. Applicable regulations require the assignment of an RE-4 reenlistment code when an individual is discharged due to misconduct. 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...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Applicable regulations require the assignment of an RE-4 reenlistment code when an individual is discharged due to misconduct. Consequently, when applying for a correction of an official naval record, the burden is on the...
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