Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 07341-02
Original file (07341-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

CRS
Docket No: 7341-02
11 October 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 9 October 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof,
and policies.

Documentary material considered by the Board consisted of
togetheriwith  all material submitted in support

your naval record and applicable statutes, regulations

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 8 May 1995.
While your record does not contain the separation processing
documents, it appears that the commanding officer recommended
that you be separated with a general discharge by reason of
misconduct due to civil conviction and, after review by the
discharge authority, the recommendation for separation was
approved.
11 September 2000 with a general discharge by reason of
misconduct.
of RE-4.

The record clearly shows that you were discharged  on
At that time, you were assigned a reenlistment code

Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged by reason of
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.

Since you have been treated no differently than

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
You may apply to NDRB by submitting the attached
Board (NDRB).
DD Form 293.

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



Similar Decisions

  • NAVY | BCNR | CY2002 | 07772-02

    Original file (07772-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 October 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The record clearly shows that you were Applicable regulations require the assignment of an RE-4 reenlistment code when an individual is discharged by reason of misconduct. Consequently, when applying for a correction of...

  • NAVY | BCNR | CY2003 | 06344-03

    Original file (06344-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2003. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Applicable regulations require the assignment of an RE-4 reenlistment code when an individual is discharged due to misconduct. The Board did not consider whether your characterization of service or reason for...

  • NAVY | BCNR | CY2002 | 05390-02

    Original file (05390-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 July 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. After review by the...

  • NAVY | BCNR | CY2007 | 05457-07

    Original file (05457-07.rtf) Auto-classification: Denied

    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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.On 13 April 2000, you enlisted in the Navy at age 17 with parental consent. On 29 September 2002, one...

  • NAVY | BCNR | CY2002 | 00177-02

    Original file (00177-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 May 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Applicable regulations require the assignment of an RE-4 reenlistment code when an individual is discharged due to misconduct. Consequently, when applying for a correction of an official naval record, the burden is on the...

  • NAVY | BCNR | CY2003 | 01088-03

    Original file (01088-03.doc) Auto-classification: Denied

    A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 February 2003. Applicable regulations require the assignment of an RE-4 reenlistment code when an individual is discharged by reason of misconduct. 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.

  • NAVY | BCNR | CY2002 | 05189-02

    Original file (05189-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 July 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 together'with all material submitted in support Your allegations of error and After careful and conscientious consideration of the entire record, the Board found...

  • NAVY | BCNR | CY2002 | 09809-02

    Original file (09809-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 December 2002. When informed of the recommendation, you elected to On 29 September 2001 At that time, you The offenses included waive the right to present your case to an administrative After review by the discharge authority, the Since you have been treated no differently than the Board could not find an error or The names and Applicable regulations require the...

  • NAVY | BCNR | CY2002 | 02826-02

    Original file (02826-02.pdf) Auto-classification: Denied

    At that time, you were assigned a When informed of this After review by Applicable regulations require the assignment of an RE-4 reenlistment code when an individual is discharged by reason of misconduct. the Board could not find an error or 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...

  • NAVY | BCNR | CY2002 | 05131-02

    Original file (05131-02.pdf) Auto-classification: Denied

    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. 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...