DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 7489-02
17 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.
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 Naval Reserve on 30
December 1993.
The record reflects that you received three nonjudicial
punishments for larceny,
failure to obey a lawful order.
You reported to active duty on 1 August 1994.
insubordination on two occasions, and
On 4 November 1996 the commanding officer recommended that you be
separated with a general discharge by reason of misconduct due to
commission of a serious offense and a pattern of misconduct.
When informed of this recommendation,
you elected to waive the
right to submit a statement in response to the discharge action.
After review by the discharge authority, the recommendation for
separation was approved and on 12 November 1996 you received a
general discharge by reason of misconduct due to commission of a
serious offense.
code of RE-4.
At that time, you were assigned a reenlistment
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 disciplinary record.
that no change to the discharge is warranted.
Therefore, the Board concluded
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged due to
misconduct.
others in your situation, the Board could not find an error or
injustice in the assignment of your reenlistment code.
Since you have been treated no differently than
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
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