DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
70t S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3358-13
28 February 2014
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 February 2014. 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. oO
After careful and conscientious consideration of.the entire
record, the Board found the evidence submitted was insufficient
_to establish the existence of probable material érror or
_ injustice. es . oe
You enlisted in the Navy and began a period of active duty on
5 November 2001 at. age 24. on 22 January 2003, you received
nonjudicial punishment (NUP) for unauthorized absence (UA) from.
your unit. On 11 August 2004 you were UA from your unit until you
surrendered on 29 July 2005. You were notified of administrative
discharge processing with. an other than honorable (OTH) discharge
due to misconduct. You waived your right to an administrative
discharge board (ADB). On 30 July 2005, you were discharged with
an OTH Characterization of service due to misconduct, and assigned
_an 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 youth and.
overall record of service. Nevertheless, the Board found that
' these factors were not sufficient. to warrant changing your
reentry code given the seriousness of your misconduct that
resulted in a period of UA lasting over 11 months and discharge
in absentia. Accordingly, your application has been denied.
The names and votes of the members of the panel will be ~
furnished upon request.
The Board did not consider whether your characterization of
service or narrative reason for separation should be changed.
You. have not exhausted your administrative remedy of submitting
the attached Application for the Review of: Discharge or
. Dismissal from the Armed Forces of the United States (DD Form
293) to the Naval Council of Personnel Review Boards, Attn:
Naval Discharge Review Board (NDRB), 720 Kennon Street, SE, Room
309, Washington Navy Yard, Washington, DC 20375-5023.
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.
aaneskeny:
- : ROBERT D. ZSALMAN .
Acting Executive Director
Enclosure
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