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NAVY | BCNR | CY2002 | 00406-02
Original file (00406-02.pdf) Auto-classification: Denied
DEPARTMENT  OF THE  NAVY 

B O A R D   F O R   C O R R E C T I O N  O F   NAVAL  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: 4 0 6 - 0 2  
3  April 2 0 0 2  

This is in reference to your application for correction of your 
naval record pursuant to the provisions of Title 10, United 
States Code, Section 1 5 5 2 .  

A  three-member panel of the Board  for Correction of Naval 
Records, sitting in executive session, considered your 
application on 3  April 2002.  Your allegations of error and 
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 3 0   January 1996 
at age 20.  The record reflects that you received two nonjudicial 
punishments.  The offenses included unauthorized absences 
totalling 84 days, missing mc;;,Lment on two u ~ ~ d s i o n s ,  and failure 
to obey a lawful order. 

On 2 4   January 1997 the commanding officer recommended that you be 
separated with an other than honorable discharge by  reason of 
misconduct due to a pattern of misconduct.  When informed of the 
recommendation, you elected to waive the right to present your 
case to an administrative discharge board.  After review by the 
discharge authority, the recommendation for separation was 
approved.  On 2 5   January  1997 you became an unauthorized 
absentee.  You received an other than honorable discharge in 
absentia on 11 March  1997.  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 rcasan 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. 

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 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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