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NAVY | BCNR | CY2001 | 07504-01
Original file (07504-01.pdf) Auto-classification: Denied
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  

CRS 
Docket No: 7504-01 
1 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 6 March 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 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 21 August 1990 
at age 19.  The record reflects that you received three 
nonjudicial punishments.  The offenses included unauthorized 
absences totalling at least 15 days, damaging government 
property, and use of cocaine. 

On 28 May  1992 the commanding officer recommended that you be 
separated with an other than honorable discharge by reason of 
misconduct due to a pattern of misconduct.  When informed of the 
recommendation, you elected to waive the right to present your 
case to an administrative discharge board.  After review by the 
discharge authority, the recommendation for separation was 
approved and you were discharged on 30 June 1992 with an other 
than honorable discharge.  At that time, you were assigned a 
reenlistment code of RE-4. 

In its review of your application the Board carefully weighed all 
potentially mitigating  factors, such as your youth and 
immaturity.  However, the Board concluded that these factors were 

not sufficient to warrant recharacterization of your discharge, 
given the three disciplinary actions.  In this regard, the Board 
especially noted your use of illegal drugs.  Therefore, the Board 
concluded that no change to the discharge is warranted. 

Applicable 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.  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  P F E I F F E R  
Executive Director 



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