DEPARTMENT 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 20370-5100
CRS
Docket No: 5617-02
15 October 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 September 2003. 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 Naval Reserve on 17
February 1982. You reported to active duty on 19 February 1982.
The record reflects that on 20 September 1984 you received
nonjudjcjal punishment for an unauthorized absence of two days.
On 24 November 1984 the commanding officer recommended that you
be separated with a general discharge by reason of secretarial
authority due to financial irresponsibility and indebtedness.
When informed of this recommendation, you elected to waive the
right to submit a statement in response to the discharge action.
On 10 January 1985 the Navy Personnel Command approved the
recommendation and sent it to the Secretary of the Navy who
directed discharge on 11 January 1985. On 23 January 1985 you
received a general discharge. At that time, you were assigned a
reenlistment code of RE-4.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and immaturity
and the contention that you were told that the discharge would be
upgraded after six months. However, the Board concluded that
these factors were not sufficient to warrant recharacterization
of your discharge, given your financial irresponsibility and
indebtedness. In this regard, no law or regulation provides for
upgrading a discharge based solely on the passage of time.
Therefore, the Board concluded that no change to the discharge is
warranted.
An individual may be separated by reason of secretarial authority
if separation is appropriate but no other reason covers the
situation at hand. Individuals separated for this reason may
receive a reenlistment code of RE-4. Since you were deemed to be
financially irresponsible, the Board concluded that there is no
error or injustice in your reenlistment code.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
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
n m
W. DEAN PFEIFF
Executive Dire t k W'i
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