DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION O F NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WMP
Docket No: 9675-02
15 May 2003
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 14 May 2003. Your allegations of error and
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 December
1998 for four years at age 20. On 9 July 1999, you were
counseled concerning your poor military performance and warned
that further misconduct on your part could result in
administrative separation.
On 14 July 1999, you received nonjudicial punishment (NJP) for
failure to go to your appointed place of duty. The punishment
imposed was a forfeiture of $100 and 7 days of extra duty, all
of which was suspended for a period of six months. On 19 May
2000, you again received NJP for two instances of unauthorized
absence totaling four days and absence from you appointed place
of duty. The punishment imposed was 30 days of restriction and
extra duty and a reduction in rate.
Although your request for an other than honorable discharge in
lieu of trial by court-martial is not in the record, it is clear
from available documentation that you submitted such a request.
Prior to submitting this request, you would have conferred with
a qualified military lawyer and been advised of your rights and
warned of the probable adverse consequences of accepting such a
discharge. As a result of such action, you were spared the
stigma of a court-martial conviction and the potential penalties
of a punitive discharge and confinement at hard labor. You
received the other than honorable discharge on 7 July 2000.
The Board did not consider the characterization of your
discharge since you have not exhausted your administrative
remedies by first applying to the Naval Discharge Review Board
(NDRB). That board is authorized to change both the reason for
discharge and the characterization of service. However, it
cannot change a reenlistment code. Enclosed is a DD Form 293
that may be used to apply to that board.
Regulations require the assignment of an RE-4 reenlistment code
to an individual separated for the good of the service in lieu
of a trial by court martial. The Board found that your two
NJP1s and the ensuing request for discharge clearly warranted
the assignment of a RE-4 reenlistment code. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
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
DD Form 293
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