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NAVY | BCNR | CY1998 | 04461-98
Original file (04461-98.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 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 



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