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

Docket No: 6022-19   
Ref: Signature date 

This letter 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 that 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 6 January 2020.  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 2 May 2000.  On 20 August 2002, you began a period of unauthorized absence (UA) that terminated on 24 March 2003.  On 8 April 2003, you submitted a letter to your commanding officer (CO) at Navy Region                , requesting to be administratively separated from the naval service with an other than honorable (OTH) characterization of discharge to avoid trial by special court-martial.  Your request was endorsed by a judge advocate defense counsel, and noted that you admitted to being guilty of violating the Uniform Code of Military Justice, Article 86 (UA), that you regretted your mistakes, and that an OTH characterization of service, instead of a court-martial, was a fitting characterization for your behavior.  On 2 May 2003, the CO approved your request and noted that you would be assigned a reentry (RE) code of RE-4.  On 12 May 2003, you were discharged from the Navy on the basis of your request for an other than honorable characterization of service in lieu of trial, and received an RE-4 (not recommended for re­enlistment). 

In your petition to the Board, you ask for a change to your RE code from RE-4 to RE-3 or better.  You admit to having made mistakes, and state that you did so to try to save an already doomed marriage.  You note that you were young, and that the failed marriage cost you your military career.  You further state that you were advised by a judge advocate that a court-martial would almost certainly result in an adverse discharge characterization, so you took an other than honorable. 

The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including your youth and your personal circumstances surrounding your misconduct.  The Board also considered that you were advised by a judge advocate that going to court-martial would likely result in punitive discharge.  The Board determined that the judge advocate’s advice did not prejudice you as it was likely reflective of the situation that you faced.  Additionally, the Board noted the length of your period of UA from August 2002 through March 2003.  The Board found that the length of your UA merited the issuance of an other than honorable characterization, and that your youth and personal situation could not overcome the significance of the length of your absence.  The Board concluded that your other than honorable discharge and RE code were properly issued, and determined that your record does not reflect either an error or an injustice. 

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, 


2/17/2020