DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
0370-5100
WASHINGTON DC 2 TIR
Docket No: 8475-06
6 April 2007
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 3 April 2007. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 29 September 2003 at age 21 and
served for nearly a year without disciplinary incident, but on 7
September 2004 you began an 83 day period of unauthorized absence
(UA) that was not terminated until 29 November 2004. During this
period you missed the movement of your ship and were declared a
deserter.
Although the discharge documentation is not in your record, it
appears that you submitted a written request for an other than
honorable discharge in order to avoid trial by court-martial for
‘ the foregoing period of UA. In accordance with regulations,
prior to submitting this request for discharge, you would have
conferred with a qualified military lawyer, been advised of your
rights, and warned of the probable adverse consequences of
accepting such a discharge. Subsequently, your request for
discharge was granted, and on 22 December 2004 you received an
other than honorable discharge in lieu of trial by court-martial.
At that time you were assigned an RE-4 reenlistment code. Asa
result, you were spared the stigma of a court-martial conviction
and the potential penalties of a punitive discharge and
confinement at hard labor.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to reenlist. It also considered your
assertion that your discharge was a result of fear for your
safety after your bunk was set on fire. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge or a change of the
reenlistment code because of the seriousness of your lengthy
period of UA which resulted in your request for discharge. The
Board believed that considerable clemency was extended to you
when your request for discharge was approved since, by this
action, you escaped the possibility of confinement at hard labor
and a punitive discharge. The Board also concluded that you
received the benefit of your bargain with the Navy when your
request for discharge was granted and should not be permitted to
change it now. Additionally, there is no evidence in the record,
and you submitted none, to support your assertion. Finally, an
RE-~4 reenlistment code must be assigned when a Sailor is
separated in lieu of trial. 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,
La ea®
W. DEAN PF R
Executive or
NAVY | BCNR | CY2007 | 03715-07
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.You enlisted in the Navy on 29 February 2000 at age 22. Subsequently, your request for discharge was...
NAVY | BCNR | CY2006 | 11186-06
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.You enlisted in the Marine Corps on 21 June 1973 at age 21. Nevertheless, the Board concluded these...
NAVY | BCNR | CY2006 | 05703-06
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.You enlisted in the Marine Corps Reserve on 14 February 1973 at age 19 and began a period of active...
NAVY | BCNR | CY2006 | 06326-06
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 establishthe existence of probable material error or injustice.You enlisted in the Marine Corps on 21 December 1972 at age 17. As a result, on 12 February 1974, you...
NAVY | BCNR | CY2006 | 01155-07
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.You enlisted in the Marine Corps on 30 July 1973 at age 17. Nevertheless, the Board concluded these...
NAVY | BCNR | CY2006 | 11040-06
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.You enlisted in the Marine Corps on 4 October 1974 at age 21 and served without disciplinary incident...
NAVY | BCNR | CY2003 | 08046-03
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 c eful and coiscieitious consrtio of übe nti~ record, the Board found the evidence submitted was insufficient4-uo establish the existence of probable materiai e or or iniust ice.iou enlisted in the Marne Corps on 28 June 1972 a age 17 End served for without disciplinary incident until 5...
NAVY | BCNR | CY2003 | 07469-03
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 -You enlisted in the Marine Corp on 4 March 1969 at age 18. As a result of this action, you were...
NAVY | BCNR | CY2007 | 03845-07
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.You enlisted in the Navy on 25 July 2000 at age 19. Because you requested discharge in lieu of trial,...
NAVY | BCNR | CY2006 | 08408-06
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. On 12 August 1994 your request was granted. 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.