DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370.510
0
S
CRS
Docket No: 3998-02
5 December 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 3 December 2002.
injustice were reviewed in accordance with administrative
regulations and procedures.applicable to the proceedings of this
materi'al 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.
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.
On 1 September 1999 you submitted a written request for an
court-
The Board found that you enlisted in the Marine Corps on 5 June
1995.
other than honorable discharge in order to avoid trial by
martial for attempting to switch your urine sample with someone
else, use of marijuana, use of cocaine, and attempting to
obstruct justice by
solicting another to switch urine samples.
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.
action, you were spared the stigma of a court-martial conviction
and the potential penalties of a punitive discharge and
confinement at hard labor.
discharge on 24 September 1999.
an RE-4 reenlistment code.
You received the other than honorable
At that time, you were assigned
Your request was granted and, as a result of this
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
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 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
You may apply to NDRB by submitting the attached
Board (NDRB).
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
2
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