DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4031-08
27 June 2008
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 25 June 2008. 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 4 October 2001.
On 13 August 2003 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial for
an unauthorized absence of 177 days. Prior to submitting this
request you conferred with a qualified military lawyer who
advised you of your rights and warned of the probable adverse
consequences of receiving a discharge under other than honorable
conditions. Your request was approved by the discharge
authority, and you received a discharge under other than
honorable conditions and a reentry code of RE-4 on 6 November
2003.
The Board carefully evaluated all potentially mitigating factors
in your case, such as your overall service and good post service
conduct. The Board concluded that your service was properly
characterized as a discharge under other than honorable
conditions, given the length of your unauthorized absence. The
Board believes that considerable clemency was extended to you
when your request for discharge was granted, as you advoided the
possibility of a conviction by court-martial, being confined at
hard labor, and receiving a punitive discharge. You received the
benefit of your bargain and should not be permitted to change it
now.
Applicable regulations require the assignment of an RE-4 reentry
code when an individual is discharged for the good of the service
in lieu of trial by 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 reentry
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,
Weed
W. DEAN PF F
Executive Diyje
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