DEPARTMENT OF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1986-00
30 August 2000
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 30 August 2000.
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.
Your allegations of error and
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.
Your military record shows that on 16 March 1998
The Board found that you enlisted in the Marine Corps on 15 July
1997 at age 18.
you submitted a written request for an other than honorable
discharge in order to avoid trial by court-martial for an
unauthorized absence of 35 days.
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.
a result of this action, you were spared the stigma of a
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor.
You received an other
than honorable discharge and an RE-4 reenlistment code on 1 April
1998.
The Board found that your request was granted and, as
court-
In its review of your application the Board carefully weighed. all
potentially mitigating factors,
such as your youth and immaturity
However, the Board found these factors were
and family problems.
not sufficient to warrant recharacterization of your discharge
given your request for discharge to avoid trial for an
The Board believed
unauthorized absence of more than a month.
that considerable clemency was extended to you when your request
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.
proper as issued and no change is warranted.
Therefore, the Board concluded that your discharge was
The Board also 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
Board could not find an error or injustice in the assignment of
your reenlistment code.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
2
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