D E P A R T M E N T O F 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: 2161-02
25 April 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 24 April 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 13.July 1995 at
age 18. A psychiatric evaluation, conducted on 5 February 1996,
diagnosed you as having a personality disorder. Subsequently, on
8 February 1996 you received nonjudicial punishment for absence
from your appointed place of duty on three occasions and failure
to obey a lawful order.
On 11 March 1996 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to commission of a serious offense, fraudulent
enlistment, and a diagnosed personality disorder. When informed
of this recommendation, you elected to waive the right to present
your case to an administrative discharge board. After review by
the discharge authority, the recommendation for separation was
modified and on 24 April 1996 you received a general discharge by
reason of misconduct due to commission of a serious offense. At
that time, you were assigned a reenlistment code of RE-4.
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.
The Board did not consider whether your characterization of
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
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 | 08034-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 April 2002. 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 probable...
NAVY | BCNR | CY2001 | 08037-01
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 2003. Applicable regulations authorize the assignment of an RE-4 reenlistment code when an individual is discharged due to a personality disorder. The Board did not consider whether the characterization of service or reason for your separation should be changed, since you did not ask for such consideration and you have not exhausted your administrative...
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NAVY | BCNR | CY2002 | 00532-02
A three-member panel of the Board for Correction of Navy Records, sitting in executive session, considered your application on 15 May 2002. 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. Regulations authorize the assignment of an RE-4 reenlistment code to individuals separated by reason of a diagnosed personality disorder.
NAVY | BCNR | CY2002 | 09632-02
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