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NAVY | BCNR | CY2002 | 03422-02
Original file (03422-02.pdf) Auto-classification: Denied
D E P A R T M E N T  OF THE  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: 3 4 2 2 - 0 2  
9 May  2 0 0 2  

This is in reference to your application for correction of your 
naval record pursuant to the provisions of Title 10, United 
States Code, Section 1 5 5 2 .  

A three-member panel of the Board  for Correction of Naval 
Records, sitting in executive session, considered your 
application on 8 May 2 0 0 2 .   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 enlisted in the Navy on 3   August 1999 at 
age 18.  The record reflects that you received two nonjudicial 
punishments.  The offenses included use of provoking words and 
assault. 

The commanding officer then recommended that you be separated 
with a general discharge by reason of misconduct due to 
commission of a serious offense.  When informed of this 
recommendation, you elected to waive the right to submit a 
statement in response to the discharge action.  After review by 
the discharge authority, the recommendation for separation was 
approved and on 1 7   April 2 0 0 1   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 due to 
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 
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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