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NAVY | BCNR | CY2001 | 04907-01
Original file (04907-01.pdf) Auto-classification: Denied
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DEPARTMENT+OF  

THF, NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

2 NAV Y a NNE X

WASHINGTON DC 20370-510

0

S

CRS
Docket No: 4907-01
13'July 2001

I

Your allegations of error and

Dear
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 11 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 16 February 1999
at age 21.
The record reflects that you received two nonjudicial
punishments.
totalling 38 days.
On 20 August 1999 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to commission of a serious offense.
When informed
of this recommendation, you- elected to waive the right to present
your case to an administrative discharge board.
After review by
the discharge authority,
the recommendation for separaton was
approved and you were discharged with an other than honorable
discharge on 1 September 1999.
reenlistment code of RE-4.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged due to
misconduct.
others in your situation, the Board could not find an error or

Since you have been treated no differently than

The offenses included unauthorized absences

At that time you were assigned a

The names and

of.$ur reenlistment code.

injustice in the assignment  
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

2



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