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NAVY | BCNR | CY2007 | 03845-07
Original file (03845-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
         TJR
                                                                                          Docket No: 3845-07
                                                                                          28 February 2008





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 or 2 7 February 2008. Your allegations of error arid in-justice were re vi ewed 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 25 July 2000 at age 19. Less than a year later, on 16 May 2001, a drug and alcohol report stated that your urine sample tested positive for marijuana. On 31 May 2001 you submitted a written request for separation in lieu of court-martial for two periods of unauthorized absence (UA) totalling two days and wrongful possession and use of marijuana. On 31 July 2001 you began another period of UA that was not terminated until 21 July 2002, when you were apprehended by civil authorities and returned to military custody. Shortly thereafter, you were again in a UA status. During this period of UA you were wanted by civil authorities for fleeing the scene of an accident where injuries were incurred.
On 4 August 2002 your commanding officer submitted a message to the discharge authority regarding your fraudulent enlistment. The messaged stated, in part, as follows:
 (Member) fraudulently enlisted..., claimed recruiter told her to falsify paperwork.... pending disciplinary action for drug abuse, making a false official statement, UA, breaking restriction, and larceny.. .. recommend process for administrative separation for all applicable bases - misconduct.
Although the discharge documentation is not in your record, it appears that you requested discharge for the good of the service to avoid trial by court-martial for the foregoing misconduct. Regulations required that before making such a request, a Sailor must be advised by military counsel concerning the consequences of such a request. Since the record shows that you were discharged on 28 August 2002 by reason of good of the service to avoid trial, the Board presumed that the foregoing occurred in your case. Because you requested discharge in lieu of trial, you avoided the possibility of a punitive discharge and confinement at hard labor. At the time of your discharge, you were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your assertion that your ability to serve was impaired by your youth and immaturity. It also considered your desire to upgrade your discharge and change the narrative reason for separation and reenlistment code so that you may reenlist. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge or a change of the narrative reason for separation or reenlistment code because of the seriousness of your frequent and repetitive lengthy periods of UA, drug abuse, and your requests 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 further 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. 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 Director

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