DEPARTMENTOFTHE NAVY
3ARD FOR CORRECTION OF NAVALRECORDS
Bl
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8352-02
19 December 2002
A three-member pane
application on 17 D
revi
injustice were
regulations and pro
your application,
thereof, your naval
and policies.
After careful and c
error or injustice.
assignment of an
RE-
your application for correction of your
o the provisions of Title 10, United
of the Board for Correction of Naval
xecutive session, considered your
ember 2002.
Your allegations of error and
ed in accordance with administrative
dures applicable to the proceedings of this
aterial considered by the Board consisted of
with all material submitted in support
ecord and applicable statutes, regulations
scientious consideration of the entire
nd that the evidence submitted was
the existence of probable material
nlisted in the Navy on 13 January 2000.
ed a written request for an other than
n order to avoid trial by court-martial for
om 4 April to 26 May 2000.
Prior to
conferred with a qualified military
ou were advised of your rights and warned
e consequences of accepting such a
st was granted and, as a result of this
stigma of a court-martial conviction
of a punitive discharge and
You received the other than honorable
At that time, you were assigned an
able regulations require the
reenlistment code when an individual is
Since you have been treated
ituation, the Board could not
find an error or i
and votes of the
m
request.
The Board did not
service or reason
not ask for such c
administrative rem
Board (NDRB).
DD Form 293.
Board reconsider i
evidence or other
In this regard, it
presumption of re
Consequently, when
record, the burden
existence of prob
stice in the assignment of your reenlistment
The names
our application has been denied.
ers of the panel will be furnished upon
sider whether your characterization of
separation should be changed, since you did
ideration and you have not exhausted your
by applying to the Naval Discharge Review
y apply to NDRB by submitting the attached
the circumstances of your case are such that
You are entitled to have the
ot be taken.
decision upon submission of new and material
ter not previously considered by the Board.
s important to keep in mind that a
rity attaches to all official records.
pplying for a correction of an official naval
s on the applicant to demonstrate the
material error or injustice.
Enclosure
W. DEAN PFEIFFER
Executive Director
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