DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL
2 NAVY ANNE
X
Y
RECORD
S
WASHINGTON DC 20370.510
0
TRG
Docket No: 7335-02
20 November 2002
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 20 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 12 August 1988 at age 19.
October 1988 you received nonjudicial punishment for
communicating a threat and the theft of two Navy Exchange money
chits of a total value of $45.
forfeitures of pay.
The punishment imposed was a
On 11
Based on the foregoing nonjudicial punishment, you were processed
for an administrative discharge by reason of misconduct. In
connection with this processing,
you elected to waive the right
to have your-case heard by an administrative discharge board. On
27 October 1988 the discharge authority approved the
recommendation of your commanding officer that you be discharged
for misconduct with a discharge under other than honorable
conditions, and you were so discharged on 6 December 1988. At
that time, you were not recommended for reenlistment and were
assigned an RE-4 reenlistment code.
You contend in your application, in effect, that you were falsely
accused of the offenses.
code so that you can enter the National Guard.
You desire a change in the reenlistment
Regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged for misconduct.
been treated no differently than others discharged for that
reason, the Board could not find an error or injustice in the
Accordingly, your
assignment of the RE-4 reenlistment code.
application has been denied.
of the panel will be furnished upon request.
The names and votes of the members
Since you have
If you desire a change in the characterization of your service,
the enclosed application, DD Form 293, and
you should complete,
This does
submit it to the Naval Discharge Review Board (NDRB).
not mean that recharacterization is guaranteed but only that your
request will be carefully and conscientiously considered.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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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