DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 4326-10
3 September 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of table 10, UMilired
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 September 2010. The names and votes of the
members of the panel will be furnished upon request. 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
imjustice.
You enlisted in the Navy and began a period of active duty on
14 July 2004 at age 19. On 28 March 2005, you received
nonjudicial punishment (NJP) for authorized absence (UA) from
your unit for a period of 28 days and missing ship’s movement.
On 16 June 2005, you began a 250 day period of UA from your unit
until you were apprehended on 21 February 2006. Based on the
information currently contained in your record it appears that
you submitted a written request for an other than honorable (OTH)
discharge in order to avoid trial by court-martial for the
foregoing charge. Prior to submitting this request 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. Your request was granted and the
separation authority directed your OTH discharge. 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. On 29 March 2006 you were
discharged under OTH conditions. At that time, 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 youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in UA for over nine months. The
Board believed that considerable clemency was extended to you
when your request for discharge to avoid trial by court-martial
was approved. The Board concluded that you received the benefit
of your bargain with the Navy when your request for discharge was
granted and should not be allowed to change it now. Finally, an
RE-4 reenlistment code must be assigned to all Sailors discharged
due to misconduct. 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,
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