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: 1 7 8 1 - 0 2
1 3 June 2 0 0 2
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 1 0 , 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 1 2 June 2 0 0 2 . 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 reenlisted in the Navy on 11 June 1 9 8 1
after four years of prior active service. The record reflects
that on 1 June 1 9 8 4 you received nonjudicial punishment for
assault with a knife and carrying a dangerous weapon. However,
on 6 August 1 9 8 4 the separation authority denied the commanding
officer's recommendation that you be separated due to the
diagnosed personality disorder.
On 1 9 August 1 9 8 4 the commanding officer recommended that you be
separated with a general discharge by reason of misconduct due to
commission of a serious offense. When informed of this
recommendation, you elected to waive the right to present your
case to an administrative discharge board. You were also advised
that your discharge could be under other than honorable
conditions. Subsequently, the discharge authority approved the
recommendation for separation but directed discharge under other
than honorable conditions. On 27 August 1 9 8 4 you were so
discharged. At that time, you were assigned a reenlistment code
of RE-4.
On 28 June 1991 the Naval Discharge Review Board changed the
characterization of your discharge to a general discharge.
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
not sufficient to warrant further recharacterization of your
discharge, given the serious nature of your misconduct.
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, 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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