DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 5719-01
15 August 2001
Your allegations of error and
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 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.
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 Navy on 20 October 1999
at age 21.
The record reflects that on 7 May 2001 you submitted
a written request for an other than honorable discharge in order
to avoid trial by court-martial for an unauthorized absence of
262 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.
The Board
found that your request was granted and, as a result of this
action, you were spared the stigma of a court-martial
and the potential penalties of a punitive discharge and
confinement at hard labor.
discharge on 25 May 2001.
reenlistment code.
The Board noted that applicable regulations require the
assignment of an RE-4 reenlistment code when an individual is
discharged in lieu of trial by court-martial.
Since you have
been treated no differently than others in your situation, the
convi'ction
You received an other than honorable
At that time you were assigned an RE-4
Board could not find an error or injustice in the assignment of
your reenlistment code.
Accordingly, your application has been
denied.
The names and votes of the members of the panel will be
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
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