DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
CRS
Docket No: 7019-02
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
Board.
mater&al 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.
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 18 May 1990 you submitted a written request for an
The Board found that you enlisted in the Marine Corps on 10 May
1988.
other than honorable discharge in order to avoid trial by court-
martial for an unauthorized absence from 30 September 1988 to 24
Prior to submitting this request you conferred with
April 1990.
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.
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.
than honorable discharge on 5 June 1990.
assigned an RE-4 reenlistment code.
Your request was granted and, as a
You received the other
At that time, you were
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.
no differently than others in your situation, the Board could not
find an error or injustice in the assignment of your reenlistment
Since you have been treated
Accordingly, your application has been denied.
code.
and votes of the members of the panel will be furnished upon
request.
The names
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
You are entitled to have the
favorable action cannot be taken.
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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