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 N A W ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
19 August 1999
4461-98
Dear 9
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 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 in justice.
The Board found that you enlisted in the Marine Corps on 11
September 1990 at age 17. On 18 December 1991 you began a period
of unauthorized absence which lasted until you surrendered on 11
February 1973, a period of about 724 days.
Your military record shows that you submitted a written request
for discharge under than honorable conditions in order to avoid
trial by court-martial for the foregoing period of unauthorized
absence. 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 on 25 March 1973 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 were discharged on 1
April 1973. At that time you were not recommended for
reenlistment and were assigned an RE-4 reenlistment code.
Regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged in lieu of trial by court-
martial. Given the lengthy period of unauthorized absence and
your request for discharge to avoid trial by court-martial, the
Board concluded that the RE-4 reenlistment code was properly
assigned and no change is warranted.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
In your application you only request a change in your
reenlistment code and this was the only issue considered by the
Board. You can request recharacterization of your discharge by
completing the enclosed DD Form 293 and submitting it to the
Naval Discharge Review Board.
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
Enclosure
NAVY | BCNR | CY1998 | 01657-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 1999. 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. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of misconduct'and especially...
NAVY | BCNR | CY2002 | 02767-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 April 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY1999 | 03573-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 September 1999. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY1998 | 01747-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 August 1999. 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. 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...
NAVY | BCNR | CY1999 | 00646-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 July 1999. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY1998 | 07460-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 1999. 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. Given all the circumstances of your case the.Board concluded your discharge was proper as issued and no change is warranted.
NAVY | BCNR | CY1998 | 08288-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 July 1999. 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. On 13 February 1985 you received your third N J P for a day of UA and two incidents of wrongful use of marijuana.
NAVY | BCNR | CY2001 | 06606-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY1999 | 01120-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 July 1999. 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. However, the Board found the evidence and materials submitted were not sufficient to warrant recharacterization of your discharge given the serious...
NAVY | BCNR | CY2008 | 11111-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 September 2009. 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. Consequentiy, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...