DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 5602-01
2 November 2001
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 31 October 2001.
Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
your naval record and applicable statutes, regulations
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
1995.
The
nonjudicial
fould that you enlisted in the Marine Corps on 30 May
relzord reflects that on 17 November 1995 you received
p,lnishment for an unauthorized absence of 25 days.
couct-martial convened on 18 June 1996 and found YOU
A special
guilty of unauthorized absences totalling 49 days.
sentenced you to confinement for 60 days, forfeitures of $583 per
month for two months, reduction in rate, and a bad conduct
discharge.
1997.
At
RE-4.
thaz time you were assigned a reenlistment code of
You received the bad conduct discharge on 11 April
The court
regulations require the assignment of an RE-4
Applicable
reenlistment code when an individual receives a bad conduct
discharge.
S:ince you have been treated no differently than
others in your situation,
injustice in the assignment of your reenlistment code.
Accordingly, your application has been denied.
votes of the
nembers of the panel will be furnished upon request.
the Board could not find an error or
The names and
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
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
Enclosure
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