Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 02682-02
Original file (02682-02.pdf) Auto-classification: Denied
D E P A R T M E N T O F T H E  NAVY 

B O A R D   F O R   C O R R E C T I O N   OF  N A V A L   R E C O R D S  

2  N A V Y A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

CRS 
Docket No:  2682-02 
11 April 2002 

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 10 April 2002.  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 establish the existence of probable material 
error or injustice. 

The Board found that you enlisted in the Navy on 30 January 1996 
at age 19.  It appears that you served without incident for more 
than a year. 

Sometime in early 1998, you submitted a written request for an 
other than honorable discharge in order to avoid trial by court- 
martial.  Prior to submitting this request and in accordance with 
applicable directives, 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.  Your request was granted and, as a result of this 
action, you were spared the stigma of a court-martial conviction 
and the potential penalties of a punitive discharge and 
confinement at hard labor.  The record clearly shows that on 1 
May  1998 you received an other than honorable discharge for the 
good of the service in order to escape trial.  At that time, you 
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 
discharged in lieu of court-martial.  Since you have 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.  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 or reason for separation 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 



Similar Decisions

  • NAVY | BCNR | CY2002 | 02767-02

    Original file (02767-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 April 2002. 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 | CY2002 | 10413-02

    Original file (10413-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 2003. At that time, you were assigned a reenlistment code of RE-4. The Board did not consider whether the characterization of service or reason for your separation 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 and Review Board (NDRB).

  • NAVY | BCNR | CY2001 | 08735-01

    Original file (08735-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 10 April 2002. 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 | CY2001 | 08338-01

    Original file (08338-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Navy Records, sitting in executive session, considered your application on 10 April 2002. 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. A recruit performance record entry reflects that on 13 March 1998, you failed battle stations for the third time.

  • NAVY | BCNR | CY2001 | 02926-01

    Original file (02926-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 April 2002. 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 | CY2002 | 02182-02

    Original file (02182-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 17 April 2002. 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 did not consider whether your characterization of service or reason for separation should be changed, since you did not ask for such...

  • NAVY | BCNR | CY2001 | 05434-01

    Original file (05434-01.pdf) Auto-classification: Denied

    Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Your military record shows that on 10 February 1970 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for an unauthorized absence of nine days, two instances of willful disobedience of a lawful order, two instances of disrespect, theft of a jeep, assault, and possession of...

  • NAVY | BCNR | CY2002 | 01425-02

    Original file (01425-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 June 2002. 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 | CY2001 | 08197-01

    Original file (08197-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 April 2002. 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 | CY2002 | 01421-02

    Original file (01421-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 April 2002. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for serious offenses, and the prior unauthorized absences of more than a month. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...