DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9403-02
24 January 2003
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 22 January 2003.
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 Board found that you enlisted 'in the Navy on 1 May 2001.
The
record reflects that on 28 November 2001 you received nonjudicial
punishment for an unauthorized absence of 93 days.
From 10
December 2001 to 28 July 2002, you again were an unauthorized
absentee on three occasions for a total of 113 days.
2002 the commanding officer recommended that you be separated
based on the four periods of absence totalling 206 days.
same date, you received an entry level separation by reason of
misconduct due to commission of a serious offense.
you were assigned a reenlistment code of RE-4.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged due to
misconduct.
others in your situation, the Board could not find an error or
injustice in the assignment of your reenlistment code.
Accordingly, your application has been denied.
The names and
votes of the members of the panel will be furnished upon request.
On 9 August
On that
At that time,
Since you have been treated no differently than
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
2
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