DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
CRS
Docket No: 7462-01
7 February 2002
Your allegations of error and
Dear
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 6 February 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.
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 13 October 1993
A psychiatric evaluation, conducted on 11 May 1994,
at age 21.
diagnosed you with alcohol dependence and recommended that you
abstain from alcohol consumption.
nonjudicial punishment on 13 May 1994 for an unauthorized absence
and being drunk on duty.
On 29 June 1994 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to commission of a serious offense.
of the recommendation, you elected to waive the right to an
administrative discharge board.
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.
On 20 July 1997 the Naval Discharge Review Board (NDRB) changed
However, the
the characterization of your service to general.
After review by the discharge
Subsequently, you received
When informed
reason for separation was not changed.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
However, the Board concluded that these factors were
immaturity.
not sufficient to warrant recharacterization of your discharge,
given your alcohol dependence and the nonjudicial punishment.
The Board especially noted that most individuals discharged by
reason of misconduct are separated under other than honorable
conditions.
Therefore, you were fortunate that NDRB upgraded
your discharge to general.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged due to
misconduct.
others in your situation,
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.
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.
Since you have been treated no differently than
the Board could not find an error or
The names and
Sincerely,
W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2007 | 06102-07
On 15 December 1993, the separation authority approved the separation recommendation and directed a UD by reason of misconduct due to commission of a serious offense. On 4 January 1994, you were so discharged and assigned an RE-4 reenlistment code.Regulations authorize the assignment of an RE-4 reenlistment code to members who are 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...
NAVY | BCNR | CY2002 | 00651-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 January 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. After review by the discharge authority, the recommendation for separation was approved and you received a general discharge by reason of misconduct due to drug abuse on 9 January 1989. In its review of your application...
NAVY | BCNR | CY2007 | 07893-07
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 22 September 1992, you enlisted in the Navy at age 19. On 14 December 1993, your commanding...
NAVY | BCNR | CY2005 | 03926-05
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 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 3 October 2002. Subsequently, you were found to...
NAVY | BCNR | CY2001 | 02616-00
your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Since 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. 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 | CY2010 | 05178-10
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 17 May 1994, your case was heard by an administrative discharge board (ADB), which voted three to zero in favor of an other than honorable (OTH) discharge due to misconduct (drug abuse). Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2002 | 06283-01
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. 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. Consequently, when...
NAVY | BCNR | CY2002 | 07937-02
A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 February 2003. 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. Applicable regulations require the assignment of an RE-4 reenlistment code when an individual is discharged by reason of misconduct.
NAVY | BCNR | CY2001 | 08493-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 April 2002. On 20 October 1995 you were notified that separation action was being initiated due to the diagnosed personality disorder. 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 | CY2010 | 00828-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 October 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...