DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION
OFNAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3505-03
19 June 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 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 18 June 2003.
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
your naval record and applicable statutes, regulations
thereof,
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 24 July 1997.
The record reflects that you received two nonjudicial
punishments.
The offenses included failure to obey a lawful
order and downloading pornographic material from a computer.
On 13 February 2001 the commanding officer recommended that you
be separated with a general discharge by reason of misconduct due
to a pattern of misconduct and commission of a serious offense.
When informed of this recommendation,
you elected to waive the
right to submit a statement in response to the discharge action.
After review by the discharge authority,
the recommendation for
separation was approved and on 23 February 2001 you received a
general discharge by reason of misconduct due to commission of a
serious offense.
At that time, you were assigned a reenlistment
code of RE-4.
Applicable regulations
reenlistment code when
misconduct.
Since you
require the assignment of an RE-4
an individual is discharged due to
have been treated no differently than
the Board could not find an error or
The names and
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 whould 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
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