DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
TJR
Docket No: 2377-02
4 October 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 1 October 2002.
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
and applicable statutes, regulations,
thereof, your naval record,
and policies.
Your allegations of error and
cageful and conscientious consideration of the entire
After
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 2 July 1997 at the age of 18.
December 1997 you received nonjudicial punishment
failure to obey a lawful order and were awarded an $840
forfeiture of pay, restriction and extra duty for 45 days, and an
oral reprimand.
(NJP) for
On 22
Your record contains an administrative remarks entry dated 15
December 1998 which states that on 17 November 1998 you were
convicted by civil authorities of driving under the influence of
alcohol. However, the record does not contain the sentence
rendered in this case.
On 7 August and again on 28 September 2000 you received NJP for
two periods of absence from your appointed place of duty.
Subsequently, you were processed for an administrative separation
and.the
by reason of misconduct due to a pattern of misconduct
discharge authority directed a general discharge by reason of
misconduct.
On 13 October 2000 you were so discharged.
The Board, in its review of your entire record and application,
.,
Nevertheless, the Board concluded these factors and
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, post service conduct, and your
contention that you would like to seek employment within the
government.
contentions were not sufficient to warrant a change in the
characterization of your service, narrative reason for
separation, or reenlistment code because of your repetitive
misconduct which resulted in three
Further, individuals discharged by reason of misconduct must
receive an RE-4 reenlistment code, Additionally, such individuals
normally receive discharges under other than honorable
conditions.
discharge.
NJPs and a civil conviction.
Therefore, you were fortunate to receive a general
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
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
2
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