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
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