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NAVY | BCNR | CY2001 | 05159-01
Original file (05159-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

CRS
Docket No: 5159-01
19 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 18 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 28 March 2000 at
age 18.
The record reflects that you received three nonjudicial
punishments.
totalling about five days,
breaking restriction on two occasions.
The commanding officer then recommended that you be separated
with a general discharge by reason of misconduct due to a pattern
When informed of the recommendation, you elected
of misconduct.
to waive the right to present your case to an administrative
After review by the discharge authority, the
discharge board.
recommendation for separation was approved and on 17 August 2000
At that time you
you were discharged with a general discharge.
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.
the Board could not find an error or
others in your situation,

Since you have been treated no differently than

The offenses included unauthorized absences

failure to obey a lawful order, and

since you did not ask for such

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
You are entitled to have the
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 
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.

The names and

a.

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

2



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