DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 11298-07
5 August 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 30 July 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 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 27 March 1979.
You received three nonjudicial punishments for offenses that
included failure to obey a lawful order on two occasions and
larceny. Although the discharge processing documents are not in
your record, it appears that your commanding officer recommended
that you be separated with a general discharge by reason of
misconduct due to minor disciplinary infractions. On 24 March
1983, you were separated from the Navy with a general discharge
by reason of misconduct and 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.
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,
\Senseede
W. DEAN PFE
Executive D2 or
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