DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TRG
Docket No: 5397-01
31 October 2001
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 30 October 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.
Your allegations of error and
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 22 February 2000 at age 23.
On 24
May 2000 you received nonjudicial punishment for an unauthorized
absence from 8 March to 8 May 2000,
a period of about 61 days.
The punishment imposed included forfeiture of pay, restriction
and extra duty.
Based on the period of unauthorized absence, you were processed
for an administrative discharge by reason of misconduct.
In
connection with this processing, you elected to waive your
procedural rights.
directed an entry level separation by reason of misconduct and
you were so separated on 5 June 2000.
recommended for reenlistment and were assigned an
reenlistment code.
Subsequently, the separation authority
RE-4
At that time, you were not
Regulations require the assignment of an RR-4 reenlistment code
when an individual is discharged by reason of misconduct.
you have been treated no differently than others discharged for
that reason, the Board could not find an error or injustice in
the assignment of the
RR-4 reenlistment code.
Since
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
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 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
2
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