DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 7546-01
11 October 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 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.
your application, together with all material submitted in support
statute.s, regulations
thereof, your naval record and applicable
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 record also shows that prior to
The record reflects that on 20 August 2000 you
The Board found that you enlisted in the Navy on 28 February 2000
at age 27.
submitted a written request for an other than honorable discharge
in order to avoid trial by court-martial for an unauthorized
absence of 62 days.
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.
than honorable discharge on 14 September 2000.
were assigned an RE-4 reenlistment code.
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 the
assignment of an RE-4 reenlistment code when an individual is
discharged in lieu of court-martial.
no differently than others in your situation, the Board could not
Since you have been treated
find an error or injustice in the assignment of your reenlistment
The names
code.
and votes of the members of the panel will be furnished upon
request.
Accordingly, your application has been denied.
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
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 | 01894-01
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. 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...
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...
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 | CY2002 | 09809-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 December 2002. When informed of the recommendation, you elected to On 29 September 2001 At that time, you The offenses included waive the right to present your case to an administrative After review by the discharge authority, the Since you have been treated no differently than the Board could not find an error or The names and Applicable regulations require the...
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 | 01639-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 May 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. recommendation, you elected to waive the right to present your case to an administrative discharge board. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
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 | 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...