Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 00711-02
Original file (00711-02.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   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:  711-02 
6 June 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 5 June 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 10 September 
1996 at age 18.  The record reflects that you received three 
nonjudicial punishments.  The offenses included making a false 
statement, attempting to commit an unspecified offense, altering 
an indentification card, unlawful possession of a government 
pass, absence from your appointed place of duty, and dereliction 
of duty. 

The commanding officer then recommended that you be separated 
with a general discharge by reason of misconduct due to a pattern 
of misconduct.  When informed of this recommendation, you elected 
to waive the right to submit a statement in response to the 
discharge action.  After review by the discharge authority, the 
recommendation for separation was approved and on 21 May  1998 you 
received a general discharge.  At that time, you were assigned a 
reenlistment code of RE-4. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors, such as your youth and 
immaturity.  However, the Board concluded that these factors were 

DEPARTMENT OF. THE  NAVY 

ff icient to w ~ ~ ~ P ~ W ~ ~ ~ & # ' I ~ I ! ~ 6 f P ~ f  
your discharge, 
your record of three ndff bl31Wigl punishments.  Therefore, 
oard concluded 

qU0-t%%! discharge is warranted. 

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. 

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 



Similar Decisions

  • NAVY | BCNR | CY2001 | 08735-01

    Original file (08735-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 10 April 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2002 | 02182-02

    Original file (02182-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 17 April 2002. 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. The Board did not consider whether your characterization of service or reason for separation should be changed, since you did not ask for such...

  • NAVY | BCNR | CY2002 | 02161-02

    Original file (02161-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 April 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2001 | 07504-01

    Original file (07504-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 March 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...

  • NAVY | BCNR | CY2002 | 00580-02

    Original file (00580-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Navy Records, sitting in executive session, considered your application on 15 May 2002. The Board found that you reenlisted in the Navy on 23 February 1988 for three years. The Board could find no error or injustice in your assigned reenlistment code since you were treated no differently than others discharged under similar circumstances.

  • NAVY | BCNR | CY2003 | 02889-03

    Original file (02889-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 ~ p r i l 2003. 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 review by the discharge authority, the recommendation for separation was approved and on 2 March 2002 you received a general discharge by...

  • NAVY | BCNR | CY2001 | 07230-01

    Original file (07230-01.pdf) Auto-classification: Denied

    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 the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, when applying for a correction of an official naval record, the burden is on the...

  • NAVY | BCNR | CY2001 | 06653-01

    Original file (06653-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2001. 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. On 28 May 2001 you were separated from the Navy with an uncharacterized entry level separation by reason of erroneous enlistment due to drug abuse,...

  • NAVY | BCNR | CY2002 | 03198-02

    Original file (03198-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 April 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...

  • NAVY | BCNR | CY2001 | 00579-01

    Original file (00579-01.pdf) Auto-classification: Denied

    You requested that your reenlistment code be changed from "RE-3" to "RE-1" (the Marine Corps has neither code). It is noted that the Commandant of the Marine Corps (CMC) has changed your reenlistment code to RE-3C (when directed by CMC or when not eligible and disqualifying factor is not covered by any other code). A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 April 2002.