DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5754-10
18 February 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions ef 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 16 February 2011. 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
injustice.
You enlisted in the Navy and began a period of active duty on
19 January 2000 at age 27. On 15 March 2000, you received
nonjudicial punishment (NTP) for unauthorized absence (UA) from
your unit for a period of 21 days. On 16 March 2000, you were UA
from your unit until you surrendered on 20 January 2001, a period
of 310 days. On 23 January 2001, you submitted a written request
for an other than honorable (OTH) discharge in order to avoid
trial by court-martial for the foregoing period of UA. 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. On 24 January 2001, your request was granted and you
were separated with an OTH discharge and an RE-4 (not recommended
for retention) reentry code. 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.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth, overall record of service, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant a change of your reentry code given the
seriousness of your misconduct that resulted in a period of UA
that totaled over 10 months and request for discharge. 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 permitted to change it now.
Accordingly, youg application has been denied. The names and
votes of the members of the panel will be furnished upon request.
Each branch of the Armed Forces established its own criteria for
enlistment within the provisions of federal law. The reentry
code assigned by the Navy is not binding upon the other services,
which are free to accept or reject an application on the basis of
their own standards. If another branch of service decides to
waive your reentry code and accept you for enlistment, the Navy
will not object.
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,
Wert
Executive tor
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