DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 3327-02
21 November 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 19 November 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 reenlisted in the Navy on 11 February
1994 after more than five years of prior active service.
record reflects that on 22 March and 2 May 1996 you received
nonjudicial punishment for unauthorized absences totalling 36
days and absence from your appointed place of duty.
The
On 18 July 1996 the commanding officer recommended that you be
separated with a general discharge by reason of misconduct due to
When informed of this recommendation,
a pattern of misconduct.
you elected to waive the right to present your case to an
administrative discharge board.
authority, the recommendation for separation was approved and on
21 June 1996 you received a general discharge by reason of
At that time, you were assigned a reenlistment code
misconduct.
of RE-4.
After review by the discharge
In its review of your application the Board carefully weighed all
such as your good service in the
potentially mitigating factors,
prior enlistment, and nearly two years of such service in your
last enlistment.
were not sufficient to warrant recharacterization of your
discharge, given your disciplinary record.
concluded that no change to the discharge is warranted.
However, the Board concluded that these factors
Therefore, the Board
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged due to
misconduct.
others in your situation,
injustice in the assignment of your reenlistment code.
Since you have been treated no differently than
the Board could not find an error or
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
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
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