DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 08210-02
27 February 2003
This is in reference to your application for correction of your naval
record pursuant to the provisions of Title 10 of the 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 20 February 2003.
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.
The Board found that you enlisted in the Navy on 15 January 1976at age 29.
The record shows that you were an unauthorized absentee from 31 March 1976
through 8 October 1980, a period of 1652 days. On 20 October 1980, the
commanding officer notified you that administrative separation action had
been initiated by reason of misconduct due to prolonged unauthorized
absence. After being advised of your procedural rights, you elected to
waive those rights and requested immediate discharge in lieu of awaiting
final action by the discharge authority. On 20 October 1980, the
commanding officer approved your request for immediate discharge.
On 21 October 1980, you received nonjudicial punishment for the
unauthorized absence of 1652 days and were awarded restriction, forfeiture
of pay, and a reduction in rate. On 23 October 1980
you were discharged with the understanding that the final character,
authority and reason of the discharge would be determined by the Bureau of
Naval Personnel (BUPERS). On 21 November 1980, BUPERS directed an under
other than honorable discharge for reason of misconduct. On 28 November
1980, you were notified of that action.
In its review of your case, The Board carefully weighed all potentially
mitigating factors, such as the length of time that has passed since you
were discharged from the Navy, your prior satisfactory Army service, combat
service in Vietnam, and your contentions of post traumatic stress disorder
(PTSD) and depression. However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge given your
prolonged unauthorized absence of more four years and six months. In this
regard, even if you were diagnosed with PTSD, such a diagnosis would be
insufficient to mitigate such a long period of absence. 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 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,
W. DEAN PFEIFFER
Executive Director
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