DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
RDZ:ecb
Docket No. 09316-12
12 October 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 2
October 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You enlisted in the Navy on 25 September 2001 for a termof four years.
A little than four months later you began a period of unauthorized
absence (UA) that lasted for 116 days and ended when you surrendered
yourself to military authorities. A little over two months later
you again went UA and remained absent for 32 days. On 16 September
2002 you requested to be administratively separated rather be tried
by court-martial for 148 days of UA and agreed to accept an other
than honorable discharge (OTH). Your offer was accepted and on 20
September 2002 you were issued an OTH.
In its review of your application the Board concluded that in view
of seriousness of your misconduct, which occurred shortly after you
enlisted, as well as your willingness to accept an OTH to avoid trial
by court-martial your discharge was legally proper and fair and
should not be changed now as a matter of clemency. The Board
particularly noted that by accepting an OTH you avoided the very real
prospect that had you been tried and convicted by court-marital you
could have been issued a bad conduct discharge and sentenced to a
substantial period of confinement at hard labor.
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 Reeth
Executive Di
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