DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 8223-1 5 
DEC 1 5 2016 



This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three­member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 13 July 2016. 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 and began a period of active duty on 27 December 1999. You served for almost two years without disciplinary incident, but on 13 November 2001 you absented yourself from duty without authorization (UA) and missed the movement of your assigned vessel. You remained absent until you were apprehended by civilian authorities and returned to military custody on 22 August 2002. You waived your right to counsel and requested to be discharged under Other than Honorable (OTH) conditions in lieu oftrial by court-martial and were separated from the naval service on 23 September 2002 with a RE-4 reentry code. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your period of satisfactory service, the personal issues you were handling during your enlistment, and your post service conduct. Nevertheless, the Board concluded these factors were not sufficient to warrant relief in your case because ofthe seriousness of your misconduct and your knowing waiver of the rights you would have been afforded had you chosen to present your case at court-martial. Finally, the Board concluded that the severity of your misconduct outweighed your period of satisfactory service and desire to change your reentry code. The Military Personnel Manual (MILPERSMAN), Section 1910-106 (Separation in Lieu of Court-Martial) states that members may request separation in lieu ofcourt-martial if the preferred charges could result in a punitive discharge and the commanding officer determines the member is unqualified for further service. MILPERSMAN, Section 1160-030, dictates that members reenlisting in the Navy must be recornn1ended by the member's commanding officer for reenlistment. An RE-4 reentry code is assigned when a member is not recommended for reenlistment by their commanding officer. By allowing you to separate from the service in lieu of court-martial, your commanding officer correctly determined that you were unqualified for further service and did not recommend you for reenlistment. Finally, there is no provision of law or in Navy regulation that allows for a change to an assigned reentry code due solely to the passage oftime. 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 evidence within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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 ofprobable material error or injustice. 
Sincerely, 

• 
Executive Director 

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