DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
Docket No: 8187-01
CRS
6 December 2001
Your allegations of error and
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 5 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 25 June 1984 at
The record reflects that you received nonjudicial
age 19.
punishment and were convicted by a summary court-martial.
offenses included unauthorized absences totalling 45 days and use
of cocaine.
A special court-martial convened on 11 December 1987 and found
you guilty of unauthorized absences totalling 59 days.
The court
sentenced you to confinement for 75 days, forfeitures of $300 per
month for five months,
You received
the bad conduct discharge on 12 December 1988.
At that time you
were assigned a reenlistment code of RE-4.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual receives a bad conduct
discharge.
Since you have been treated no differently than
others in your situation,
injustice in the assignment of your reenlistment code.
Accordingly, your application has been denied.
the Board could not find an error or
The names and
The
and a bad conduct discharge.
votes of the members of the panel will be furnished upon request.
The Board did not consider whether your characterization of
service should be changed,
since you did not ask for such
consideration and you have not exhausted your administrative
remedy by applying to the Naval Discharge Review Board (NDRB).
You may apply to NDRB by submitting the attached DD Form 293.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
You are entitled to have the
Board reconsiderits 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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