DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
CRS
Docket No: 7192-02
6 September 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 28 August 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.
The Board found that you enlisted in the Navy on 26 September
1994 at age 20.
concerning deficiencies in your performance.
report for the period 16 January to 14 June 1996 reflects adverse
or marginal marks in every marking category and negative
comments.
In February 1996, you were counseled and warned
An evaluation
He further stated that you were incapable of
On 28 June 1996 the commanding officer recommended that you be
separated with a general discharge by reason of unsatisfactory
performance.
complying with Navy regulations.
recommendation, you elected to waive the right to submit a
statement in response to the discharge action.
the discharge authority,
approved and, on 16 July 1996, you received a general discharge.
At that time, you were assigned a reenlistment code of RE-4.
the recommendation for separation was
When informed of the
After review by
Applicable
reenlistment code
regulatiohs require the assignment of an RE-4
wh& an individual is discharged by reason of
unsatisfactory performance.
differently than others in your situation, the Board could not
find an error or injustice in the assignment of your reenlistment
The names
code.
and votes of the members of the panel will be furnished upon
request.
Accordingly, your application has been denied.
Since you have been treated no
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).
DD Form 293.
You may apply to NDRB by submitting the attached
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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