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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