DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
7 February 2002
7383-01
Dear
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 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 reenlisted in the Navy on 25 October 1989.
had completed four years of active duty on a prior enlistment.
During the period 15 April to 30 July 1993, you received
nonjudicial punishment on four occasions.
three periods of unauthorized absence totaling about 54 days,
missing ship's movement and trespassing.
Your offenses were
At that time, you
Based on the foregoing record, you were processed for an
administrative discharge by reason of misconduct.
with this processing, you stated
separation."
nonjudicial punishment for possession of a controlled substance.
Subsequently, the discharge authority approved the recommendation
of your commanding officer that you be discharged for misconduct,
under other than honorable conditions.
27 October 1993.
On 22 September 1993, you received your fifth
"1 do not object to this
In connection
You were so discharged on
In its review of your application the Board carefully weighed all
potentially mitigating factors,
service, the character references you submitted attesting to your
recovery from drug addiction and your good citizenship since
such as your prior honorable
you desire recharacterization of your discharge and a
You believe that your discharge should have been
The Board found that these factors
then.
change in the reenlistment code so that you can again serve in
the military.
upgraded after six months.
were not sufficient to warrant recharacterization of your
discharge given the frequency of your misconduct.
noted that there is no basis in the law or regulations that
would require the recharacterization of a discharge based solely
on the passage of a period of time.
discharge under other than honorable conditions by reason of
misconduct was proper as issued and no change is warranted.
The Board
The Board concluded that the
Regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged by reason of misconduct.
you have been treated no differently than others discharged for
that reason, 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
The Board believes that you are eligible for veterans' benefits
Therefore, if you have
based on your prior honorable service.
been denied benefits, you should appeal that denial under
procedures established by the Department of Veterans Affairs.
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
NAVY | BCNR | CY2002 | 01373-02
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. regard, the record...
NAVY | BCNR | CY2007 | 09112-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2008. 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. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as the passage of...
NAVY | BCNR | CY2008 | 12399-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 2009. On 17 June 1993, the discharge authority directed an OTH discharge by reason of misconduct due to commission of a serious offense. 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 | CY2011 | 00396-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 October 2011. 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 waiving your procedural right to consult with legal counsel and to present your case to an administrative discharge board (ADB}, on 13...
NAVY | BCNR | CY2002 | 09801-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 December 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 06984-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 May 2009. 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. On 29 December 1992, you were counseled and warned that further misconduct could result in administrative discharge action.
NAVY | BCNR | CY2009 | 03443-09
Rh three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 January 2010. 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. Subsequently, your commanding officer concurred with the ADB and forwarded your case to the discharge authority for review.
NAVY | BCNR | CY2002 | 08334-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your Your allegations of error and application on 21 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,...
NAVY | BCNR | CY2002 | 07462-01
your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. authority, the recommendation for separation was approved and you were discharged with an other than honorable discharge by reason At that time you were assigned of misconduct on 19 August 1994. a reenlistment code of RE-4. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2002 | 07476-01
Punishment imposed consisted of a suspended On 25 April 1995 you were notified that administrative separation action was being initiated to discharge you under other than honorable conditions by reason of misconduct due to a pattern of misconduct and commission of a serious offense. present your case to an administrative discharge board You appeared before an ADB with counsel on 14 August 1995. The found you had committed misconduct due to ADB, by a vote of 3-0, a pattern of misconduct and...