DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 2002-01
5 April 2001
_.
Dear
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 April 2001.
injustice were reviewed in accordance with administrative
of this
regulations and procedures applicable to the proceedings
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 enlisted in the Navy on 22 January 1998
at age 19.
nonjudicial punishments.
absence on three occasions,
three occasions, and provoking speeches or gestures.
The record reflects that you received three
The offenses included unauthorized
failure to obey a lawful order on
On 28 April 1999 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to a pattern of misconduct.
recommendation, you elected to waive your right to present your
case to an administrative discharge board.
discharge authority, the recommendation for separation was
approved and you were discharged with an other than honorable
discharge on 10 May 1999.
At that time you were assigned a
reenlistment code of RE-4.
After review by the
When informed of 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 whether your characterization of
since you did not ask for such
service should be changed,
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
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
NAVY | BCNR | CY2001 | 01822-01
your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Applicable regulations require the assignment of an RE-4 The record reflects that you received two nonjudicial The offenses included an unauthorized absence of 18 dicharged with an other than honorable discharge by The names and since you did not ask for such Since you have been treated no differently than reenlistment code when an individual is...
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A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 May 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
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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. recommendation, you elected to waive the right to present your case to an administrative discharge board. 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.
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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. After review by the discharge authority, the recommendation for separation was approved and you were discharged with an other than honorable discharge by reason of misconduct due to drug At that time you were assigned a abuse on 13 November 1997. reenlistment code of...
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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. Applicable regulations reenlistment code when Since you misconduct. 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).
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 July 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. After review by the...
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recommendation, you elected to waive the right to present your case to an administrative discharge board. 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). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...