DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
0
CRS
Docket No: 7637-00
23 February 2001
Your allegations of error and
Dear
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 14 February 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
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 29 August 1996
at age 18.
your disciplinary actions,
nonjudicial punishments for improper watchstanding on two
occasions.
Although your record does not contain the separation processing
documents, it appears that the commanding officer recommended
that you be separated with a general discharge by reason of
misconduct due to a pattern of misconduct and, after review by
the discharge authority,
the recommendation for separation was
approved.
The record clearly shows that on 31 August 1998 you
were discharged with a general discharge by reason of misconduct.
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,
While the record does not contain any evidence of
found,that the evidence submitted was
you stated that you received two
Since you have been treated no differently than
given your record of two nonjudicial punishments. 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 by reason of
misconduct.
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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