DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 1639-02
23 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 22 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 reenlisted in the Navy on 29 February
2000 after more than 12 years of prior active service.
The
record reflects that on 19 June 2001 you were convicted by civil
authorities of ten instances of lewd acts on a child.
sentenced you to confinement for 365 days.
The court
On 10 July 2001 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to civil conviction.
recommendation, you elected to waive the right to present your
case to an administrative discharge board.
discharge authority,
approved and on 20 July 2001 you were discharged with an other
than honorable discharge.
reenlistment code of RE-4.
the recommendation for separation was
At that time you were assigned a
When informed of the
After review by the
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
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.
whetherr your characterization of
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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