DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
CRS
Docket No: 8510-01
31 January 2002
Dear
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 30 January 2002.
Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
your naval record and applicable statutes, regulations
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 reenlisted in the Navy on 28 August 1998
after more than five years of prior active service.
The record
reflects that you received two nonjudicial punishments.
The
offenses consisted of willful disobedience of a lawful order,
dereliction of duty, making a false official statement, and
destruction of government property.
While your record does not contain the separation processing
documents, it appears that the commanding officer recommended
that you be separated with a general discharge by reason of
misconduct and, after review by the discharge authority, the
commanding officer's recommendation for separation was approved.
The record clearly shows that you were discharged on 25 August
2000 with a general discharge by reason of misconduct due to a
pattern of misconduct.
reenlistment code of RE-4.
At that time you were assigned a
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
Concerning the issues of time in service and time in rate, the
Board found no error.
Accordingly, your application has been
denied.
furnished upon request.
The names and votes of the members of the panel will be
The Board did not consider whether your characterization of
service 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
2
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NAVY | BCNR | CY2002 | 00177-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 May 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Applicable regulations require the assignment of an RE-4 reenlistment code when an individual is discharged due to misconduct. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2007 | 05457-07
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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. 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...
NAVY | BCNR | CY2002 | 02826-02
At that time, you were assigned a When informed of this After review by Applicable regulations require the assignment of an RE-4 reenlistment code when an individual is discharged by reason of misconduct. the Board could not find an error or The names and 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...