DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 8050-01
15 July 2002
This is in reference to your application for reconsideration 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 10 July 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
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 record reflects that you received two nonjudicial
The offenses included assault and dereliction of
The Board found that you enlisted in the Navy on 19 June 1991 at
age 18.
punishments.
Subsequently, on 5 January 1994 you were convicted by
duty.
civil authorities of being an accessory after the fact in an
armed robbery.
The court sentenced you to probation for six
months, 50 hours of community service,
and court costs of $253.
On 9 May 1994 an administrative discharge board recommended that
you be separated with an other than honorable discharge by reason
of misconduct due to commission of a serious offense.
review by the discharge authority, the recommendation for
separation was approved and you were discharged on 14 April 1994
with an other than honorable discharge.
At that time, you were
assigned a reenlistment code of RE-4.
After
Subsequently, your requests for an upgrade of your discharge was
denied by the Naval Discharge Review Board twice and by this
Board.
With your current application,
various letters and certificates documenting postservice
educational and vocational accomplishments, and involvement in
You also submitted information
several community activities.
that your civil conviction has been sealed by the courts.
you presented as new
evidence
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the documentation you submitted for reconsideration.
However, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge, given
the seriousness of the offense of which you were convicted by
civil authorities.
disciplinary actions.
change to the discharge is warranted.
Therefore, the Board concluded that no
The Board also noted your two prior
such as your youth and immaturity
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.
Since you have been treated no differently than
the Board could not find an error or
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
NAVY | BCNR | CY2008 | 03505-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 September 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. 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 | CY2006 | 05828-06
Documentary material considered by the Board consisted of your a application, together with all material submitted in support thereof , your naval record, and applicable statutes, regulations, and sides.After careful and conscientious consideration of the entire record the Board found the evidence submitted was insufficient to est bush the existence of probable material error or injustice.You enlisted in the Navy on 1 December 1998 at age 19. On 10 January 2002 you began another period of...
NAVY | BCNR | CY2014 | NR6746 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2014. 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...
NAVY | BCNR | CY2002 | 03530-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You were sentenced to confinement During the period from 1 to 13 March 1956 you were convicted by civil authorities of failure to appear, two day period of UA. 2 Consequently, when applying for a correction of an...
NAVY | BCNR | CY2005 | 03814-05
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 15 July 1991. After review by the discharge...
NAVY | BCNR | CY2001 | 07215-01
A three-member panel of the Board for Correction of Naval Records, sitting &in executive session, considered your application on 2 April 2002. 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...
NAVY | BCNR | CY2006 | 06659-06
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.You reenlisted in the Navy on 31 March 1998 after about five years of prior service. You elected to...
NAVY | BCNR | CY2002 | 07154-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2002. Given your concealment of your preservice arrest Regulations require the assignment of an RE-4 reenlistment code when an individual is separation because of a fraudulent enlistment. 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 | CY2001 | 01169-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2001. 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. The Board...
NAVY | BCNR | CY2013 | NR4909 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 April 2014. 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,...