DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 5767-09
24 May 2010
This ig 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 i8 May 2010. 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, 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 the existence of probable material error or
injustice.
You enlisted in the Navy on 18 duly 1989 at age 18 and began a
period of active duty on 21 June 1990. You served without
disciplinary incident until 21 June 1991, when you were convicted
by summary court-martial (SCM) of a three day period of
unauthorized absence (UA) and missing the movement of your ship.
On 4 February 1992 you were again convicted by SCM of a 28 day
period of UA. Shortly thereafter, on 21 February 1992, you were
notified of pending administrative separation action by reason of
misconduct due to commission of a serious offense. After
consulting with legal counsel, you elected to present your case
to an administrative discharge board (ADB). On 9 March 1992,
prior to the convening of an ADB, you began another period of UA.
Nonetheless, on 25 March 1992, an ADB recommended discharge under
other than honorable conditions by reason of misconduct due to
commission of a serious offense. On 6 April 1992 your commanding
officer, in concurrence with the ADB, also recommended discharge
under other than honorable conditions. The discharge authority
approved these recommendations and directed your commanding
officer to issue you an other than honorable discharge by reason
of misconduct, and on 23 April 1992, while in a UA status, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive and lengthy periods
of UA which resulted in two SCMs. 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.
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,
\Dovs
W. DEAN
Executive ‘D3 tor
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