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NAVY | BCNR | CY2002 | 00059-01
Original file (00059-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

CRS
Docket No: 59-01
8 February 2001

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 7 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.

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 24 February 1998
The record reflects that you received two nonjudicial
at age 17.
punishments.
order, destruction of military property,
fleeing the scene of an
accident, making a false official statement, and possession of an
unauthorized car decal.

The offenses included failure to obey a lawful

'.

On 28 October 1999 the commanding officer recommended  
separated with a general discharge by reason of misconduct due to
a pattern of misconduct.
you elected to waive your right to present your case to an
administrative discharge board.
After review by the discharge
authority,
were discharged with a general discharge by reason of misconduct
on 8 November 1999.
reenlistment code of RE-4.

the recommendation for separation was approved and you

When informed of the recommendation,

that--you be

At that time you were assigned a

Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged due to

Since you have been treated no differently than

misconduct.
others in your situation,
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.

the Board could not fine an error or

The names and

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 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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