DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8839-02
13 December 2002
or injustice.
Your allegations of error and
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 19 November 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.
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
The Board found that you enlisted in the Navy on 24 September
The record reflects that on 10 April 1998 you received
1997.
nonjudicial punishment (NJP) for being disrespectful in language.
A psychiatric evaluation,
conducted on 12 April 1998, found that
you had a personality disorder.
On 15 April 1998 you received an
entry level separation by reason of entry level performance and
At that time, you were assigned a reenlistment code of
conduct.
RE-4.
On 11 April 2000 the Naval Discharge Review Board changed your
discharge to a general discharge by reason of secretarial
authority.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge,
given that you received an NJP during an enlistment that lasted
less than seven months.
In this regard, the
The names and
Tile Board also noted that an RE-4 reenlistment code is authorized
by regulatory guidance and can be assigned to individuals who are
separated due to secretarial authority.
Board noted that the psychiatric evaluation not only diagnosed a
personality disorder but also concluded you were a threat to harm
yourself and others.
The Board also noted that you now claim to
have lied about having a personality disorder.
Unfortunately,
the Board could not determine if you were lying then or lying
now.
Nevertheless, the law is very clear that an individual who
procures a discharge by fraud should not benefit from the fraud
when it is discovered.
error or injustice in your reenlistment code.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
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.
The Board thus concluded that there is no
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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