DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS.
Docket No: 8719-08
20 November 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 19 November 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 26 September 1988, you enlisted in the Navy at age 18 and
served without incident until 14 February 1991, when you were
counseled regarding your disobedience of a lawful order. At
that time, you were warned that further infractions could
result in disciplinary action or an other than honorable (OTH)
discharge. On 27 June 1991, you had nonjudicial punishment for
19 instances of writing worthless checks with the intent to
defraud that totaled $1,469.
On 1 July 1991, your commanding officer initiated
administrative separation by reason of misconduct due to
commission of a serious offense. .In connection with this
processing, you acknowledged that separation could result in an
OTH discharge and elected to have your case heard by an
administrative discharge board (ADB). On 9 August 1991, an ADB
convened and found you guilty of misconduct due to commission
of a serious offense, but recommended a general discharge. On
28 August 1991, the separation authority approved the ADB's
recommendation and directed a general discharge by reason of
misconduct due to commission of a serious offense. On
6 September 1991, you were so discharged and assigned an RE-4
reenlistment code.
Regulations direct the assignment of an RE-4 reenlistment code
to members who are 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 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.
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,
\WWeatsrfe)
W. DEAN PFEIF
Executive Dir
Copy to:
The Honorable Patrick J. Tiberi
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