DEPARTMENT OF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CR.9
Docket No: 5238-01
18 October 2001
Documentary material considered by the Board consisted of
together with all material submitted in support
your naval record and applicable statutes, regulations
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 17 October 2001.
Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof,
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 26 May 2000 at
age 18.
The record reflects that you received two nonjudicial
punishments.
The offenses included insubordination, failure to
obey a lawful order,
use and possession of drugs, and breaking
restriction.
On 29 November 2000 the commanding officer recommended that you
be separated with an other than honorable discharge by reason of
misconduct due to drug abuse and commission of a serious offense.
When informed of the recommendation,
right to present your case to an administrative discharge board.
After review by the discharge authority, the recommendation for
separation was approved.
However the reason for discharge was
changed to a pattern of misconduct.
On 3 January 2001 you were
discharged with an other than honorable discharge.
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
you elected to waive the
At that time
Since you have been treated no differently than
misconduct.
others in your situation, the Board could not find an error or
injustice in the assignment of your reenlistment code.
The names and
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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