DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 8424-01
25 February 2002
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title
States Code, Section 1552.
10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 February 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 Navy on 30 November 1998
at age 19.
The record reflects that you received two nonjudicial
punishments.
occasions, communicating a threat,
on two occasions, and making a false official statement.
The offenses included insubordination on three
failure to obey a lawful order
While your record does not contain the separation processing
documents, it appears that the commanding officer recommended
that you be separated with an other than honorable discharge by
reason of misconduct and,
authority, the commanding officer's recommendation for separation
was approved.
The record clearly shows that you were discharged
on 29 October 1999 with an other than honorable discharge by
reason of misconduct.
reenlistment code of RE-4.
At that time, you were assigned a
after review by the discharge
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged due to
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.
The names and
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The Board did not consider whether your characterization of
since you did not ask for such
service should be changed,
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
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
Enclosure
2
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