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NAVY | BCNR | CY2002 | 09801-02
Original file (09801-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FORCORRECTION OF NAVAL RECORD
ANNEX

NAVY 

2 

WASHINGTON DC 20370-510

0

S

CRS
Docket No: 9801-02
19 December  2002

application for correction of your
provisions of Title 10, United

This is in reference to your
naval record pursuant to the
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 December 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 Board found that you enlisted in the Naval Reserve on 20
August 1991.
You reported to active duty on 3 February 1992.
The record reflects that you received five nonjudicial
punishments.
The offenses included unauthorized absences
totalling 15 days, altering an identification card, absence from
your appointed place of duty on four occasions, and willful
dereliction of duty.
On 22 July 1993 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
commission of a serious offense and a pattern of misconduct.
When informed of the recommendation , you elected to waive the
right to present your case to an administrative discharge board.
After review by the discharge authority, the recommendation for
separation was approved.
other than honorable discharge by reason of misconduct due to a
pattern of misconduct.
reenlistment code of RE-4.

On 14 October 1993 you received an

At that time, you were assigned a

Since you have been treated no differently than

the Board could not find an error or
The names and

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.
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
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 Discharge Review
You may apply to NDRB by submitting the attached
Board (NDRB).
DD Form 293.
It is regretted that the circumstances of your case are such that
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.

You are entitled to have the

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure



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