DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
22 June 2001
7572-00
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 22 June 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.
The Board found that you enlisted in the Navy on 27 July 1995 at
You satisfactorily completed initial training and on 31
age 18.
The
December 1995 you reported aboard the USS NASSAU (LHA 4).
available records show that you received nonjudicial punishment
(NJP) on 27 September 1996 for underage drinking.
you were advanced to SMSN (E-3).
Subsequently,
The documentation to support your discharge processing is not
filed in your service record and the circumstances which led to
your discharge are unknown.
were transferred from your ship and reported to a transient
personnel unit on 26 March 1997 and remained there until 18 June
1997.
misconduct and were assigned an RE-4 reenlistment code.
On that date you were honorably discharged by reason of
The available records show that you
The Board believes that you would not have been discharged for
In this
misconduct based on one offense of underage drinking.
regard, the Board notes that after the NJP you were retained on
board the USS NASSAU for about six months and were advanced to
SMSN.
This suggested to the Board that there must have been
another instance of misconduct either on board your ship or while
you were at the TPU which led to the discharge processing.
Regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged by reason of misconduct.
you have been treated no differently from others discharged for
that reason, the Board could not find an error or injustice in
the assignment of the RE-4 reenlistment code.
application has been denied.
of the panel will be furnished upon request.
Accordingly, your
The names and votes of the members
Since
You can request a change in the reason for your discharge by
submitting the enclosed application, DD Form 293, to the Naval
Discharge Review Board (NDRB).
access only to the incomplete record that was available to this
Board.
However, the NDRB will also have
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
Enclosure
2
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