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NAVY | BCNR | CY2002 | 02767-02
Original file (02767-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE  N A V Y  

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   ANNEX 

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

CRS 
Docket No: 2767-02 
24 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 17 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 23,July 1998 at 
age 17.  The record reflects that on 30 July 1999 you submitted a 
written request for an other than honorable discharge in order to 
avoid trial by court-martial for an unauthorized absence of 48 
days, desertion, and obtaining services under false pretenses. 
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 conviction and the 
potential penalties of a punitive discharge and confinement at 
hard labor.  You received an other than honorable discharge on 18 
August 1999.  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 



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