Search Decisions

Decision Text

NAVY | BCNR | CY2005 | 08185-05
Original file (08185-05.doc) Auto-classification: Denied



                            DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                             2 NAVY ANNEX
                             WASHINGTON DC 20370-5100




      CRS
      Docket No: 8185-05
      20 October 2005



















      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 19
      October 2005. 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 24 May 2001. The
      record shows you were an unauthorized absentee from 12 July 2001 to
      23 February 2003, a total of 581 days. 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 for the foregoing period of absence. The Board
      presumed that prior to submitting this request, and in accordance
      with applicable directives, 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. It
      appears that your request was granted and, as a 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. The record clearly shows that on 2 April 2003 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. Since you have been treated no differently than others in your
situation, the Board could not find an error or injustice in the assignment
of your reenlistment code. Accordingly, your application has been denied.
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 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 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 PFEI Executive D.

Enclosure






















                                      2

Similar Decisions

  • NAVY | BCNR | CY2001 | 05719-01

    Original file (05719-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 August 2001. 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. The Board noted...

  • NAVY | BCNR | CY2002 | 10413-02

    Original file (10413-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 2003. At that time, you were assigned a reenlistment code of RE-4. The Board did not consider whether the characterization of service or reason for your 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 and Review Board (NDRB).

  • NAVY | BCNR | CY2003 | 04580-03

    Original file (04580-03.PDF) Auto-classification: Denied

    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. Consequently, when applying for a correction of an official naval record, the burden is on the...

  • NAVY | BCNR | CY2007 | 02389-07

    Original file (02389-07.rtf) Auto-classification: Denied

    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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.On 8 July 2004, you enlisted in the Navy at age 19. The Board did not consider whether the...

  • NAVY | BCNR | CY2006 | 02389-07

    Original file (02389-07.rtf) Auto-classification: Denied

    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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.On 8 July 2004, you enlisted in the Navy at age 19. The Board did not consider whether the...

  • NAVY | BCNR | CY2006 | 08569-06

    Original file (08569-06.rtf) Auto-classification: Denied

    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...

  • NAVY | BCNR | CY2001 | 07509-01

    Original file (07509-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently,...

  • NAVY | BCNR | CY2001 | 07546-01

    Original file (07546-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. The Board found that your request was granted and, as court- You received an other At that time you The Board noted that applicable regulations require...

  • NAVY | BCNR | CY2002 | 08927-02

    Original file (08927-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 October 2002. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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.

  • NAVY | BCNR | CY2003 | 05403-03

    Original file (05403-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 August 2003. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...