DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
CRS
Docket No:
24 October 2002
2583-02
This is in reference to your application for correction of your
naval record pursuant to the provisions
States Code, Section 1552.
o.f Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 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
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 21 September
1995.
The record reflects that you received four nonjudicial
punishments for failure to obey a lawful order, assault
consummated by battery, failure to obey a lawful general
regulation, and failure to pay outstanding debts.
On 18 November 1998 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 the right to present your
case to an administrative discharge board.
discharge authority, the recommendation for separation was
approved and you were discharged on 4 December 1998 with an other
than honorable discharge.
reenlistment code of RE-4.
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
When informed of the
After review by the
At that time, you were assigned a
not sufficient to warrant recharacterization of your discharge
because of your extensive disciplinary record.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged due to
misconduct.
others in your situation, the Board could not find an error or
injustice in the assignment of your reenlistment code.
Since you have been treated no differently than
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
2
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