DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4580-03
20 June 2003
Your allegations of error and
bf the Board for Correction of Naval
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
Records, sitting in executive session, considered your
application on 18 June 2003.
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 Marine Corps on 23 April
1996.
The record reflects that you received nonjudicial
punishment and were convicted by a summary court-martial.
The
offenses included an unauthorized absence of two days, absence
from your appointed place of duty on two occasions, willful
disobedience of a lawful order on two occasions, making a false
official statement, and failing to pay a just debt.
Although the request for discharge is not in your record, it
appears that you subsequently requested an other than honorable
discharge in order to avoid trial by court-martial.
The Board
presumed that prior to submitting this request, and in accordance
with applicable directives,
military lawyer at which time you were advised of your rights and
warned of the probable adverse consequences of accepting such a
It appears that your request was granted and, as a
discharge.
court-
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. The record clearly
you conferred with a qualified
Since you have been treated no differently than
shows that on 5 January 1998 you received an other than honorable
discharge for the good of the service in order to escape trial.
At that time, you were assigned a reenlistment code of RE-4.
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual is discharged in lieu of
court-martial.
others in your situation, the Board could not find an error or
injustice in the assignment of your reenlistment code.
The names and
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
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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