DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 7215-01
5 April 2002
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 2 April 2002. Your allegations of error and
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Navy on 18 June 1996 at the
age of 18. Your record reflects that on 14 September 1996 you
were apprehended by civil authorities for theft. On 19 September
1996 you were convicted by civil authorities of the foregoing
charge and sentenced to a fine, probation fee, and to perform
three days of community service.
Your record also reflects that on 30 January 1997 you received
nonjudicial punishment (NJP) for theft of property valued at $28
from a Navy Exchange and underage drinking. The punishment
imposed was restriction for 60 days and a $800 forfeiture of pay.
Subsequently, on 19 March 1997, you were notified of pending
administrative separation action by reason of misconduct due to
commission of a serious offense and civil conviction. At that
time you waived your rights to consult with legal counsel and to
submit a letter of rebuttal to the separation. On 31 March 1997
your commanding officer recommended an other than honorable
discharge by reason of misconduct due civil conviction. The
discharge authority approved the foregoing recommendation and
directed an other than honorable discharge by reason of
misconduct due to commission of a serious offense. On 17 October
1997 you were so discharged and assigned an RE-4 reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that you should not
have to suffer the rest of your life with an RE-4 reenlistment
code. However, the Board concluded these factors and contention
were not sufficient to warrant a change of your reenlistment code
because of your repetitive misconduct, in both the military and
civil communities. Further, an individual separated by reason of
misconduct must receive an RE-4 reenlistment code. Given all the
circumstances of your case, the Board concluded your reenlistment
code was proper and no change is warranted. Accordingly, your
application has been denied.
The Board noted that you are entitled to submit the attached
Application for the Review of Discharge or Dismissal from the
Armed Forces of the United States (DD Form 293) to the Naval
Council of Personnel Boards, attention: Naval Discharge Review
Board, Building 36, Fourth Floor, Washington Navy Yard, 901 M
Street, S. E., Washington, DC 2 0 3 7 4 - 5 0 2 3 for consideration of an
upgrade of your discharge and a change in your narrative reason
for discharge.
The names and 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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
NAVY | BCNR | CY2001 | 02926-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 April 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2002 | 00406-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 April 2002. Your allegations of error and 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...
NAVY | BCNR | CY2001 | 07914-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 April 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2002 | 00784-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 March 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2001 | 08037-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 2002. However, regulations allow for the assignment of an RE-4 reenlistment code when an individual is discharged due to a diagnosed personality disorder, and such a code is normally assigned when an individual is at risk to harm herself or others. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2001 | 07314-01
A three-member panel of the Board for Correction of Navy Records, sitting in executive session, considered your application on 13 March 2002. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You enlisted in the Navy on 3 August 1994 for four years at age 18.
NAVY | BCNR | CY2002 | 02182-02
A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 17 April 2002. 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. The Board did not consider whether your characterization of service or reason for separation should be changed, since you did not ask for such...
NAVY | BCNR | CY2002 | 10414-02
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. An RE-4 reenlistment code is required by regulatory guidance and must be assigned to individuals who are separated by reason of fraudulent enlistment. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2002 | 00632-02
A three-member panel of the Board for Correction of Navy Records, sitting in executive session, considered your application on 15 May 2002. 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. CNP further directed that you be advised that you were being placed in a probationary status for a period of 12 months and that the CO was authorized to...
NAVY | BCNR | CY2002 | 00580-02
A three-member panel of the Board for Correction of Navy Records, sitting in executive session, considered your application on 15 May 2002. The Board found that you reenlisted in the Navy on 23 February 1988 for three years. The Board could find no error or injustice in your assigned reenlistment code since you were treated no differently than others discharged under similar circumstances.