DEPARTMENT+OF
TH? NAVY
_’
BOARD FOR CORRECTION OF
NAVAL RECORD
S
2 NAV Y a NNE X
WASHINGTON DC 20370-510
0
CRS
Docket No: 1894-01
13 July 2001
wl
Your allegations of error and
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 11 July 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 Marine Corps on 27
Your military record shows that on 22
October 1998 at age 25.
August 2000 you submitted a written request for an other than
honorable discharge in order to avoid trial by court-martial for
Your record also shows that
an unauthorized absence of 254 days.
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 probabl adverse consequences of accepting such a
The Board found that your request was granted and, as
discharge.
court-
a result of this action, you were spared the stigma of a
martial conviction and the potential penalties of a punitive
You received an other
discharge and confinement at hard labor.
At that time you
than honorable discharge on 28 September 2000.
were assigned
an,RE-4 reenlistment code.
The Board noted that applicable regulations require the
assignment of an RE-4 reenlistment code when an individual is
Since you have
discharged in lieu of trial by court-martial.
been treated no differently than others in your situation, the
or*injustice in the assignment of
Accordingly, your application has been
The names and votes of the members of the panel will be
Board could not find an error
your reenlistment code.
denied.
furnished upon request.
The Board did not consider whether your characterization of
service should be changed, since you did not ask for such
consideration and you have not exhausted your administrative
remedy by applying to the Naval Discharge Review Board (NDRB).
You may apply to NDRB by submitting the attached DD Form 293.
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
2
NAVY | BCNR | CY2001 | 07546-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. The Board found that your request was granted and, as court- You received an other At that time you The Board noted that applicable regulations require...
NAVY | BCNR | CY2001 | 07509-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently,...
NAVY | BCNR | CY2002 | 08927-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 October 2002. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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.
NAVY | BCNR | CY2001 | 05719-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 August 2001. 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. The Board noted...
NAVY | BCNR | CY2002 | 07277-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 January 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. than honorable discharge on 28 September 2000. were assigned an RE-4 reenlistment code. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2005 | 08185-05
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 October 2005. Although the request for discharge is not in your record, it appears that you subsequently requested an other than honorable discharge in order to avoid trial by court-martial for the foregoing period of absence. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2002 | 09675-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 2003. 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 | CY2006 | 08569-06
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...
NAVY | BCNR | CY2009 | 10187-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 July 2010. 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...
NAVY | BCNR | CY2007 | 06215-07
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 2 November 1998, you enlisted in the Marine Corps at age 19. Given your BCD that resulted from a...