DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No:  1152-19            
Ref: Signature date 

Dear 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

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 three-member panel of the Board, sitting in executive session, considered your application on 28 October 2019.  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 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 18 January 2001.  Although not all documents were found in your record, on 2 April 2001 you started an absence, which was ended on 5 December 2001.  Subsequently, court-martial charges were preferred against you and you requested an administrative discharge in lieu of trial.  You received an other than honorable (OTH) discharge on 22 January 2002. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge and assertions that you were hazed by your recruit division commander (RDC), were afraid of an unsafe environment, which resulted in your going AWOL, and that the Navy’s zero tolerance for hazing causes an injustice because it was tolerated by your RDC on you.  The Board also considered your admission that you committed criminal acts which would have resulted in a court-martial. 

The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in your request for administrative discharge in lieu of trial.  Because the Board did not find substantial evidence in the record, or your application, the Board applied the presumption of regularity and presumed any incidents of potential hazing by your RDC were appropriately dealt with at the time. 

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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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, 


12/9/2019