DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 2826-02
11 July 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 10 July 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
materia.l 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
Documentary
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted
esta,blish the existence of probable
insufficient to
error or injustice.
was
material
The Board found that you enlisted in the Navy on 17
1994.
The record reflects that on 20 July 1995 you
nonjudicial punishment for an unauthorized absence on two
occasions, failure to obey a lawful order, and making a false
official statement on two occasions.
November
received
On 25 September 1995 the commanding officer recommended that you
be separated with a general discharge by reason of misconduct due
to commission of a serious offense.
recommendation, you elected to waive the right to submit a
statement in response to the discharge action.
the discharge authority,
the recommendation for separation was
approved and on 20 October 1995 you received a general discharge
by reason of misconduct.
reenlistment code of RE-4.
At that time, you were assigned a
When informed of this
After review by
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,
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
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
2
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