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
NAVY | BCNR | CY2002 | 02767-02
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
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
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
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
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
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
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
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
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
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...