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NAVY | BCNR | CY1998 | 01747-98
Original file (01747-98.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAW ANNU( 

WASHINGTON DC  20370-5100 

CRS 
Docket No:  1747-98 
30 August 1999 

Dear - This is in reference to your application for correction of your 

naval record pursuant to the provisions of Title 10, 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 4 August 1999.  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 3 July 1990 at 
age 17.  Your record reflects that on 22 August 1991 you received 
nonjudicial punishment for stealing from a vending machine, 
absence from your appointed place of duty, and failure to obey a 
lawful order on two occasions. 

On 8 October 1991 an administrative discharge recommended that 
you be separated with a general discharge by reason of misconduct 
due to commission of a serious offense.  However, the 
recommendation was held in abeyance due to a pending special 
court-martial. 

Your military record shows that on 1 January 1992 you submitted a 
written request for an other than honorable discharge in order to 
avoid trial by court-martial for larceny on seven occasions and 
receiving stolen property on seven occasions.  Your record also 
shows that prior to submitting this request you conferred with a 
qualified military lawyer at which time you were advised of your 
rights and warned of the probable adverse consequences of 

accepting such a discharge.  The Board found that your request 
was granted and, as a result of this action, you were spared the 
stigma of a court-martial conviction and the potential penalties 
of a punitive discharge and confinement at hard labor.  You 
received an other than honorable discharge on 28 February 1992. 
At that time you were assigned an RE-4 reenlistment code. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors, such as your youth and 
immaturity.  However, the Board found that these factors were not 
sufficient to warrant recharacterization of your discharge, given 
the seriousness and frequency of the offenses.  The Board 
believed that considerable clemency was extended to you when your 
request for discharge to avoid trial by court-martial was 
approved since, by this action, you escaped the possibility of 
confinement at hard labor and a punitive discharge.  Further, the 
Board concluded that you received the benefit of your bargain 
when your request for discharge was granted and should not be 
permitted to change it now.  Based on the foregoing, the Board 
concluded that no change to the discharge is warranted. 

The Board noted that regulations require the assignment of an 
RE-4 reenlistment code when an individual is discharged in lieu 
of trial by court-martial.  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, 

W.  DEAN PFEIFFER 
Executive Director 



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