DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No:
13 December 2001
5897-01
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 12 December 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 9 April 1984 at
age 19.
punishments and were convicted by a summary court-martial.
The
offenses included an unauthorized absence of 58 days,
disobedience of a lawful order, conspiracy, and obtaining
services under false pretenses.
On 6 November 1987 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to a pattern of misconduct and commission of a
serious offense.
elected to waive the right to present your case to an
administrative discharge board.
authority, the recommendation for separation was approved and you
were discharged on 24 December 1987 with an other than honorable
discharge by reason of misconduct due to commission of a serious
offense.
At that time you were assigned a reenlistment code of
RE-4.
The record reflects that you received two nonjudicial
When informed of the recommendation, you
After review by the discharge
However, the Board concluded that these
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and family problems.
factors were not sufficient to warrant recharacterization of your
discharge, given the three disciplinary infractions, especially
your summary court-martial conviction for a lengthy period of
absence.
Therefore, the Board concluded that no change to the
discharge is warranted.
Regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged due to misconduct.
Since you
have been treated no differently than others in your situation,
the Board could not find an error or 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.
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.
The names and
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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