DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TRG
Docket No: 7815-01
22 March 2002
.
-(i_.
_’
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 19 March 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 enlisted in the Naval Reserve on 30
reported for active duty on 9 July 1991.
of good service and were advanced in rate to BM3 (E-4).
Apr,il 1991 at age 17 and
You then had a period
A special court-martial convened on 23 July 1993 and convicted
you of wrongful appropriation of property valued at $280.
The
courts sentenced you to 20 days hard labor without confinement,
20 days restriction and a forfeiture of $300.
from active duty on 24 September 1993 with your service
characterized as honorable.
At that time you were not
recommended for reenlistment and were assigned an RE-4
reenlistment code.
You were released
You state in your application that you borrowed a bicycle, not
knowing that it was stolen,
wrongful appropriation while you were checking out prior to
release from active duty.
You state that you enjoyed your
service in the Navy and desire a change in the reenlistment code
so that you can reenlist.
and were apprehended and charged with
The Board noted that you would have presented your version of
events at the court-martial but obviously were not found to be
Regulations require the assignment of
blameless in this matter.
an RE-4 reenlistment code to everyone who has been convicted by a
court-martial within a year of their release from active duty.
Since you have been treated no differently than others in your
situation, the Board could not find an error or injustice in the
assignment of the RE-4 reenlistment code.
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
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
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