DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 00163-12
27 September 2012
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 26 September 2012. 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 on 14 September 1992, at the age of 19.
On 20 June 1995, you received nonjudicial punishment (NJP) for
being in an unauthorized absence (UA) status, and dereliction of
duty. On 23 February 1996, you commenced a period of UA which
lasted 77 days. On 17 May 1996, you commenced a period of UA
that lasted 106 days. Your record is incomplete; however,
apparently you submitted a request for a good of the service
discharge in order to avoid trial by court-martial for the two
periods of UA. Prior to submitting this request for discharge,
you conferred with a qualified military lawyer, were advised of
your rights, and were warned of the probable adverse
consequences of accepting such a discharge. Your request for
discharge was granted and on 1 October 1996, you received an
other than honorable discharge (OTH) and a reentry code of RE-4
for the good of service to avoid trial by court-martial. Asa
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 application, carefully weighed
all potentially mitigating factors, such as your youth.
Nevertheless, the Board concluded these factors were not
sufficient to warrant upgrading your characterization of service
given your NUP, UA totaling over six months, and request for
discharge. The Board believed that considerable clemency was
extended to you when your request for discharge was approved.
The Board also 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,
Lo. Deoathecp,
W. DEAN PFENF
Executive Dike r
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