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NAVY | BCNR | CY2002 | 07937-02
Original file (07937-02.doc) Auto-classification: Denied

                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                2 NAVY ANNEX
                          WASHINGTON DC 20370-5100

                                                     CRS
                                                     Docket No: 7937-02
                                                     27 February 2003








  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 26 February
  2003. Your allegations of error and 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 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 9 January 1990. The
  record reflects that on 2 April 1992 you received nonjudicial punishment
  for underage drinking. Subsequently, you were found to be alcohol
  dependent but refused treatment.

  On 22 September 1992 the commanding officer recommended that you be
  separated with a general discharge by reason of misconduct due to
  commission of a serious offense and alcohol rehabilitation failure. After
  review by the discharge authority, the recommendation for separation was
  approved and on 28 October 1992 you received a general discharge by
  reason of misconduct due to commission of a serious offense. At that
  time, you were assigned a reenlistment code of RE—4.

  Applicable regulations require the assignment of an RE-4 reenlistment
  code when an individual is discharged by reason of misconduct. 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 your
  reenlistment code. Accordingly, your application has been denied. The
  names and
    votes of the members of the panel will be furnished upon request.








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

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

Enclosure


























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