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NAVY | BCNR | CY2007 | 07893-07
Original file (07893-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SMW
 Docket No: 7893-07
23 May 2008







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 21 May 2008. 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
On 22 September 1992, you enlisted in the Navy at age 19. On 13 December 1993, you had nonjudicial punishment for assault. On 14 December 1993, your commanding officer initiated administrative separation by reason of misconduct due to commission of a serious offense, and recommended an other than honorable discharge. In connection with this processing, you acknowledged the discharge recommendation and elected to have your case heard by an administrative discharge board (ADB). On 10 January 1994, a substance abuse evaluation found that you abused alcohol. On 11 February 1994, an ADB convened and found that you were guilty of misconduct due to commission of a serious offense and recommended a general discharge. On 31 March 1994, the separation authority approved the recommendation and directed a general discharge by reason of misconduct due to commission of a serious offense. On
 18 April 1994, you were separated with a general discharge by reason of misconduct due to commission of a serious offense and assigned an RE-4 reenlistment code.
The Board noted that your DD Form 214 incorrectly reflects that you received an honorable discharge. However, the record clearly shows that you were separated with a general discharge due to misconduct. You may contact the Department of the Navy, Navy Personnel Command (BUPERS), Sailor Assistance Center, Code Pers-3l2F, 5720 Integrity Drive, Millington, Tennessee 38055-3120 to request that administrative correction to your characterization of service be made to your DD Form 214.
Regulations direct the assignment of an RE-4 reenlistment code to members who are 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 the RE-4 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 the characterization of service or reason for separation should be changed, since you have not exhausted your administrative remedy of applying to the Naval Discharge Review Board (NDRB). You may apply to the NDRB by submitting the enclosed DD Form 293 to the address set forth on the form.
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



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