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NAVY | BCNR | CY2006 | 06604-06
Original file (06604-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100






 CRS
 Docket No: 6604-06
28 September 2006







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 27 September 2006. 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 26 November 1996. On 8 September 1997 you submitted a written request for an other than honorable in order to avoid trial by court-martial for unspecified violations of articles 86, 92, and 112a of the Uniform Code of Military Justice. Prior to 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. 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. You received the other than honorable discharge on 14 October 1997. 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.
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 Di rector

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