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NAVY | BCNR | CY2001 | 08735-01
Original file (08735-01.pdf) Auto-classification: Denied
D E P A R T M E N T O F  THE  N A V Y  

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: 8735-01 
10 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 10 April 2002.  Your allegations of error and 
injustice were revidwed 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 January 1997. 
Although your record does not contain the separation processing 
documents, it appears that in early 1998, the commanding officer 
recommended that you be separated with an other than honorable 
discharge by reason of misconduct and, after review by the 
discharge authority, the recommendation for separation was 
approved.  The record clearly shows that on 24 April 1998 you 
were discharged with an other than honorable discharge by reason 
of misconduct.  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 is discharged by reason of 
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. 

id not c o n s d B e b R 1 N C W ~ ~ t l f f i ~ M r a c t e r i z a t i o n  of 
reason E m ~ s ~ a t a ~ n o s k o u d d ~ ~ c ~ n g e d ,  
such consideratio~Ahm&~&u have not exhausted your 

ard d 
e or 
k for 
ive remedy b y w ~ 4 M J c W W W W a v a l  Discharge Review 
strat 
(NDRB 
You may apply to NDRB by submitting the attached 
) 
DD Form 293. 

since you did 

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 



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