DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CR5
Docket No: 1088-03
27 February 2003
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 26 February 2003. 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 Navy on 16 October 2000. The
record reflects that on 11 January 2002 you received nonjudicial punishment
for passing a bad check and insubordination.
Although 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 due to a pattern of
misconduct and, after review by the discharge authority, the recommendation
for separation was approved. The record clearly shows that on 15 February
2002 you received a general discharge by reason of misconduct due to a
pattern of misconduct. At that time, 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 by reason of misconduct. Since you have
been treated no differently than 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.
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 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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