DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 177-02
9 May 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 8 May 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.
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 July 2000 at
age 19.
The record reflects that on 3 October 2001 you received
nonjudicial punishment for an unauthorized absence of 18 days and
missing movement.
Although your record does not contain the separation processing
documents, it appears that after you waived the right to present
your case to an administrative discharge board 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 February 2002 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 due to
misconduct.
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.
votes of the members of the panel will be furnished upon request.
the Board could not find an error or
The names and
The Board did not consider whether your characterization of
service or reason for separation 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
You may apply to NDRB by submitting the attached
Board (NDRB).
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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