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NAVY | BCNR | CY2002 | 00008-02
Original file (00008-02.pdf) Auto-classification: Denied
DEPARTMENTOFTHE NAV

Y

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

CRS
Docket No:  8-02
22 February  2002

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 21 February 2002.
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 18 May 1998 at
The record reflects that on 2 November 1998 you received
age 22.
nonjudicial punishment for an unauthorized absence of three days.
On 2 November 1998 you became an unauthorized absentee until your
return on 5 January 1999.
On 29 January 1999 the commanding officer recommended that you be
separated with a general discharge by reason of misconduct due to
commission of a serious offense.
recommendation, you elected to waive the right to present your
case to an administrative discharge board.
After review by the
discharge authority,
approved and you were discharged with a general discharge on 12
February 1999.
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

When informed of the

the recommendation for separation was

since you did not ask for such

others in your situation, the Board could not find an error or
injustice in the assignment of your reenlistment code.
The names and
Accordingly, your application has been denied.
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,
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 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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