DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 8196-01
14 February 2002
Dear-
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 February 2002.
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 record reflects that on 6 May 1996 you were
The Board found that you enlisted in the Navy on 17 August 1995
at age 24.
counseled for uttering worthless checks.
On 10 September 1996
you received nonjudicial punishment (NJP) for absence from your
appointed place of duty,
and use of provoking speech.
willful disobedience of a lawful order,
On 11 September 1996 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,
your case to an administrative discharge board (ADB).
After
review by the discharge authority, the recommendation for
separation was approved and you were discharged with an other
than honorable discharge on 1 November 1996.
were assigned a reenlistment code of RE-4.
you elected to waive the right to present
When informed
At that time, you
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as the fact that you
However, the Board
received only one disciplinary action.
concluded that these factors were not sufficient to warrant
recharacterization of your discharge,
and the prior counseling for other
for which you received NJP,
Additionally, the Board noted that you waived the
misconduct.
opportunity to present your case to an ADB, the one opportunity
you had to show that you should be retained or receive a better
discharge.
discharge is warranted.
Therefore, the Board concluded that no change to the
given the serious offense
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
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