DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-510
0
CRS
Docket No: 5131-02
18 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 17 July 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application, together
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
-with all material submitted in support
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 record reflects that you received three
The Board found that you enlisted in the Navy on 23 August 1990
at age 18.
nonjudicial punishments.
The offenses included dereliction of
duty, three instances of uttering worthless checks, failure to
obey a lawful order, and absence from your appointed place of
duty on two occasions.
On 24 February 1993 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 22 March 1993 with an other
than honorable discharge.
reenlistment code of RE-4.
At that time, you were assigned a
After review by the
When informed of the
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged by reason of
Since you have been treated no differently than
misconduct.
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.
votes of the members of the panel will be furnished upon request.
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
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