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NAVY | BCNR | CY2002 | 02182-02
Original file (02182-02.pdf) Auto-classification: Denied
D E P A R T M E N T O F T H E   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:  2182-02 
24 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 17 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 reenlisted in the Navy on 1 October 1993 
after more than three years of prior active service.  The record 
reflects that you were convicted by a general court-martial of 
two specifications of adultery.  The court sentenced you to hard 
labor for 30 days and a punitive letter of reprimand. 

Although your record does not contain the separation processing 
documents, it appears that the commanding officer recommended 
that you be separated with a general discharge by reason of 
misconduct due to commission of a serious offense and, after 
review by the discharge authority, the recommendation for 
separation was approved.  The record clearly shows that on 15 
August 1997 you received a general discharge by reason of 
misconduct.  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 by reason of 
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 



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