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
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