DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 5802-01
15 August 2001
.
-
Your allegations of error and
application for correction of your
provisions of Title 10, United
Dear
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 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
error or injustice.
The Board found that you enlisted in the Navy on 27 January 2000
at age 19.
received nonjudicial punishment for absence from your appointed
place of duty, making false official statements, and disrespect.
The commanding officer then recommended that you be separated
with a general discharge by reason of misconduct due to
commission of a serious offense.
When informed of the
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 2 November 2000 you were discharged with a
general discharge.
At that time 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
misconduct.
others in your situation,
the Board could not find an error or
Since you have been treated no differently than
the, existence of probable material
The record reflects that on 16 October 2000 you
After review by the
The names and
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, 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.
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
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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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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 CRS Docket No: 4199-01 21 June 2001 Dear This is in reference to your naval record pursuant to the States Code, Section 1552. application for correction of your provisions of Title 10, United A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 June 2001. injustice were reviewed in accordance with...
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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 June 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 by reason of misconduct. The Board did not consider whether your characterization of service should be...
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