DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1682-01
18 April 2001
Your allegations of error and
application for correction of your
provisions of Title 10, United
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 April 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 reenlisted in the Navy on 26 August 1972
after more than five years of prior active service.
The record
reflects that on 7 February 1995 you received nonjudicial
punishment for unauthorized absences totalling 28 days and
missing ship's movement on two occasions.
On 20 February 1995 the commanding officer recommended that you
be separated with a general
to commission of a serious offense.
recommendation, you elected to waive your right to present your
case to an administrative discharge board.
After review by the
discharge authority, the recommendation for separation was
approved and you were discharged with a general discharge by
reason of misconduct on 7 March 1995.
At that time you were
assigned a reenlistment code of RE-4.
Applicable regulations
reenlistment code when
Since you
misconduct.
require the assignment of an RE-4
an individual is discharged by reason of
have been treated no differently than
dischar,ge by reason of misconduct due
When informed of the
2
-
others in your situation, the Board could not find an error or
injustice in the assignment of your reenlistment code.
The names and
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The Board did not consider whether your characterization of
service 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 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
You are entitled to have the
favorable action cannot be taken.
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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