DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7001S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
sJN
Docket No: 03179-12
26 February 2013
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 20 February 2013. 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
25 December 2003. The Board found that you received nonjudicial
punishment (NJP) for a 265 day period of unauthorized absence
(UA). You received a reduction in paygrade, a forfeiture of pay,
and restriction. Subsequently, administrative discharge action
was initiated by reason of misconduct due to commission of a
serious offense. You waived your rights to consult counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB). Your case was forwarded recommending that
you be discharged under other than honorable (OTH) conditions by
reason of misconduct. The discharge authority concurred and
directed an OTH discharge by reason of misconduct due to
commission of a serious offense. You were so discharged on
1 April 2005 and assigned and RE-4 (not recommended for
retention) reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service, family letters, post service accomplishment, and the
reason you went UA. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge or changing your reentry code given your NJP for a
period of UA lasting over eight months. Finally, the Board noted
that you waived the right to an ADB, your best chance for
retention or a better characterization of service. 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 eos
W. DEAN PF
Fxecutive Di
BR"
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