DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00

TJR
Docket No: 2793-06
16 October 2006

This is 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 . 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 he existence of probable material error or injustice.

You enlisted in he Navy on at age 27. You served without disciplinary incident until you began a period of unauthorized absence (UA) that was not terminated until During this period of UA you were also declared a deserter.

Subsequently, you submitted a written request for an other than honorable discharge in order to avoid trial by court-martial for the foregoing period of UA totaling 416 days. Prior to submitting this request, you conferred with a qualified military lawyer, were advised of your rights, and warned of the probable adverse consequences of accepting such a discharge. Your request for discharge was granted and on 6 December 2005 you received an other than honorable discharge in lieu of trial by court-martial. At that time you were assigned an RE-4 reenlistment code. As a result of this action, you were spared the stigma of a courtmartial conviction and the potential penalties of a punitive discharge and confinement at hard labor.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your period of honorable service and desire to reenlist. Nevertheless, the Board concluded these factors were not sufficient to warrant a change of the reenlistment code because of your lengthy period of UA for which you requested discharge. The Board believed that considerable clemency was extended to you when your request for discharge was approved since, by this action, you escaped the possibility of confinement at hard labor and a punitive discharge. 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. Finally, an RE-4 reenlistment code is required when a Sailor is separated in lieu of trial. Accordingly, your application has been denied.

The Board also noted that you are entitled to submit 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 Boards, attention: Naval Discharge Review Board, for consideration of an upgrade of your discharge and a change in your narrative reason for discharge.

	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,

Enclosure

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