DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9809-02
19 December 2002
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 17 December 2002.
Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 2 January 2000.
The record reflects that you received nonjudicial punishment and
were convicted by a summary court-martial.
unauthorized absences totalling 84 days and missing ship's
movement on three occasions.
On 23 September 2001 the commanding officer recommended that you
be separated with an other than honorable discharge by reason of
misconduct due to a pattern of misconduct and commission of a
He also recommended that you be separated due
serious offense.
to alcohol abuse rehabilitation failure since you were
disenrolled from the rehabilitation program due to non-
compliance.
discharge board.
recommendation for separation was approved.
you received an other than honorable discharge by reason of
misconduct due to a pattern of misconduct.
were assigned a reenlistment code of RE-4.
When informed of the recommendation, you elected to
On 29 September 2001
At that time, you
The offenses included
waive the right to present your case to an administrative
After review by the discharge authority, the
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
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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