BOARD Poe 4
Fors. COU QTHOUSE FR
ARLINGTON, VA 92204-2490
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Docket No: 248-14
7 November 2014
dear
This igs in reference to your application for correction of your
naval record pursuant to the provisions of 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 29 October 2014. 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 reguiations 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 conecientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 13 September 2004 you enlisted in the Marine Corps and began a
period of active duty. However, about four months later, on 4
January 2005, you began a period of unauthorized absence (UA) and
were declared a deserter. Nevertheless, you submitted a written
request for an other than honorable discharge in order to avoid
trial by court-martial for this period of UA totalling 275 days.
Subsequently, your request was granted and on 13 December 2005,
you were issued an other than honorable discharge for the good of
the service, and assigned an RE-4 reenlistment code because you
were not recommended for retention or reenlistment.
On 9 February 2012, the Naval Discharge Review Board upgraded
your characterization of service to “general, under honorable
conditions.” However, your narrative reason for separation
remained as for the good of the service in lieu of trial by
court-martial.
The Board, im its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change your reenlistment code. Nevertheless, the
Board concluded these factors were not sufficient to warrant
relief in your case because of your lengthy period of UA from the
Marine Corps and your nonrecommendation for retention or
reenlistment. Accordingly, your application has been denied.
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
within one year from the date of the Board's decision. In this
regard, it is important to keep in mind that 4 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,
ROBERT J. O’ NEILL
Executive Director
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