DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7047-09
28 July 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of che 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 22 July 2009. Your ailegations 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 19 November
2002. On 27 June 2003 you received nonjudicial punishment for an
unauthorized absence of 30 days.
On 29 June 2006 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 253 days, from which you were
apprehended. 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 21 July 2006.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as ‘your contention that you
request a second chance to serve your country. It found your
contention insufficient to warrant corrective action in your
case.
The Board concluded that your reason for discharge was proper, |
given your lengthy periods of unauthorized absence. In addition,
the Board believes that considerable clemency was extended to you
when your request for discharge was approved since, by this
action, you avoided the possibility of a Federal conviction,
confinement at hard labor and a punitive discharge. Further, the
Board concluded that you received the benefit of your bargain
when your request for discharge was granted, and you 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 Gifferently than others in your situation, the Board could not
find an error or injustice in the assignment of your reentry
code. Accordingiy, 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 entitited 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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