DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 7277-01
7 January 2002
Your allegations of error and
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 January 2002.
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 15 June 1999 at
age 18.
submitted a written request for an other than honorable discharge
in order to avoid trial by court-martial for an unauthorized
absence of 199 days.
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.
a result of this action, you were spared the stigma of a
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor.
than honorable discharge on 28 September 2000.
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
court-
You received an other
At that time you
The Board found that your request was granted and, as
The record reflects that on 8 September 2000 you
Your record also shows that prior to
since you did not ask for such
Accordingly, your application has been denied.
find an error or injustice in the assignment of your reenlistment
code.
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 should be changed,
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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