DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TRG
Docket No: 6231-01
8 February 2002
Dear
This is in reference to your
naval record pursuant to the
States Code section 1552.
application for correction of your
provisions of Title 10 of the United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 February 2002.
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.
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. ,
You enlisted in the Navy on 15 March 1989 at age 17 and
successfully completed recruit training.
referred for a psychiatric evaluation after you made a suicidal
gesture.
On 8 August 1989, you were diagnosed as being alcohol
dependent.
nonjudicial punishments for three periods of unauthorized absence
totaling about 11 days.
On 28 September and 9 November 1989 you received
Subsequently, you were
"1 do not object to this separation."
Based on the foregoing record, you were processed for an
administrative discharge by reason of misconduct due to minor
disciplinary infractions.
Subsequently,
you stated
the discharge authority directed the type of discharge warranted
by your service record.
treatment for your alcohol dependence at a Department of Veterans
Affairs Hospital.
You were issued a general discharge by reason
of misconduct on 20 December 1989.
code of RR-4 was assigned.
In connection with this processing,
Prior to your discharge, you waived
At that time, a reenlistment
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations. Your were evaluated on one occasion and
assigned a mark of 2.8 in conduct.
in conduct was required at the time of your separation for a
fully honorable characterization of service.
Although the
discharge authority directed the type of discharge warranted by
your service record,
the use of marks to make this determination
is not required when and individual is discharged for misconduct.
A minimum average mark of 3.0
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, desire to
again serve in the military and the excellent character
references you submitted.
were not sufficient to warrant recharacterization of the general
discharge given your record of misconduct, failure to achieve the
required average mark in conduct,
misconduct.
reason of misconduct was proper as issued and no change is
warranted.
The Board concluded that the general discharge by
The Board found that these factors
and your discharge by reason of
Concerning the reenlistment code, the Board noted that
regulations require the assignment of the RE-4 reenlistment code
when an individual is discharged by reason of misconduct.
you have been treated no differently than others in your
situation, the Board could not find an error or injustice in the
assignment of the RE-4 reenlistment code.
Since
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
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
2
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