DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WMP
Docket No:
18 October 2002
3918-02
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the
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 October 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof,
regulations and policies.
mater'ial considered by the Board consisted
your naval record and applicable statutes,
Your allegations of error and
Documentary
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 reenlisted in the Navy on 22 February
1990 for six years as a second class petty officer (E-5) after
approximately three years of active service.
reflects that you served without incident until 22 September
1990, when you received nonjudicial punishment (NJP) for
dereliction of duty and assault.
forfeitures of $500 per month for two months.
you received NJP for failure to obey a lawful order.
punishment imposed was a forfeiture of $100.
The punishment imposed was
Your record
On 3 July 1991
The
On 29 August 1991 you submitted a request to be discharged from
On 1 October
the Naval service as a conscientious objector.
1991 you were advised of your rights concerning a conscientious
objector hearing and elected to personally appear before the
hearing, to submit additional evidence, to question any
witnesses who may appear,
and to examine all items in your file.
On 12 November 1991, an investigation concerning your request
The investigation essentially
for separation was completed.
found that your religious beliefs were "deeply held," and
recommended that your application be approved.
On 23 January 1992 the commanding officer forwarded your request
for separation,
Personnel (CNP) who approved your request and on 31 March 1992,
you were discharged by reason of conscientious objection, and
assigned an RE-4 reenlistment code.
recommending approval, to the Chief of Naval
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity and your contention that you are no longer a
However, the Board concluded that the
conscientious objector.
reenlistment code was assigned based on your statement that you
were a conscientious objector and your specific request for
discharge from the Naval service.
reenlistment code is authorized when an individual is separated
by reason of conscientious objection.
assignment of this code was warranted due to your conscientious
objection and especially the two
application has been denied.
of the panel will be furnished upon request.
Additionally, an RE-4
Accordingly, your
The Board found that the
NJP's.
The names and votes of the members
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
it is important to keep in mind that
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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