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NAVY | BCNR | CY2003 | 02504-03
Original file (02504-03.pdf) Auto-classification: Denied
DEPARTMENTOFTHE  NAVY 

BOARD  F O R C O R R E C T I O N O F  NAVAL  RECORDS 

2  NAVYANNEX 

WASHINGTON  DC  20370-5100 

CRS 
Docket No:  2504-03 
18 August 2003 

This is in reference to your application for correction of your 
naval record pursuant to the provisions of title 10 of the 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 13 August 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 9 August 1993. 
The record reflects that you received three nonjudicial 
punishments.  The offenses included gambling, underage drinking 
on two occasions, stealing and altering a military  identification 
card, drunk and disorderly conduct, stealing a car, and failure 
to obey a lawful arderm-&wa occ-;rninn%  ---  - 

- 

On 1 October 1995 the commanding officer recommended that you be 
separated with an other than honorable discharge by  reason of 
misconduct due to 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 and you were discharged on 3 November 1995.  However, 
for some unknown reason, you received an honorable discharge by 
reason of misconduct.  At that time, you were assigned a 
reenlistment code of RE-4. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors, such as your youth and immaturity 
and good postservice conduct.  However, the Board concluded that 
these factors were not sufficient to warrant a change in the 
reason for discharge, given the three disciplinary actions during 
your enlistment. 

Applicable regulations require the assignment of an RE-4 
reenlistment code when an individual is discharged due to 
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. 

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, 



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