DEPARTMENT  OF THE  NAVY 

BOARD  F O R C O R R E C T I O N O F N A V A L R E C O R D S  

2  N A V Y A N N E X  

WASHINGTON  DC  20370-5100 

FC 
Docket No: 0240-03 
27 October 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 22 October 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.  The Board also considered the 
advisory opinion from the Enlisted Separation Section of the 
Navy Personnel Command dated 27 August 2003, a copy of which is 
attached. 

The Board found that you enlisted in the Navy on 16 March 1998 at 
age 21.  You served without incident until 9 November 2000, when 
you were convicted by special court martial  (SPCM) of three 
periods of unauthorized absence totaling 180 days.  You were 
sentenced to forfeitures of pay, a reduction to paygrade E-1 and 
a bad conduct discharge (BCD).  The BCD was suspended for six 
months. 

On 22 January 2001 you were notified of administrative separation 
processing and you waived all of your procedural rights.  On 1 
February 2001 the commanding officer recommended an other than 
honorable discharge by reason of misconduct due to commission of 
a serious offense.  On 14 February 2001 the separation authority 
directed an other than honorable discharge, and on 23 February 
2001, you were so discharged. 

In its review of your case, the Board carefully weighed all 
potentially mitigating factors such as your youth and 
immaturity, the period of good service, and your assertion that 
your mother was ill.  However, the Board found that these 
factors and your assertion were not sufficient to warrant 
recharcterization of your discharge given your three periods of 
unauthorized absence totaling six months that resulted in a 
conviction by SPCM.  The Board also substantially concurred with 
the advisory opinion.  Accordingly, your request 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, 

Z 

Executive Di 

Enclosure: 

DEPARTMENT. OF THE NAVY 

NAVY PERSONNEL COMMAND 

5720 INTEGRITY DRIVE 

MILLINGTON TN 380550000 

5420 
PERS-832B 
27 Aug 03 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION 

OF NAVAL RECORDS  (BCNR) 
Via :  PERS/BCNR coordinator (PERS - OOZCB) 

R e f :  

(a) SECNAVINST lglO.4B 
(b) ASN(M&RA) Decision Ltr dated 1 Jul 03 

Encl :  (1) BCNR File 00240-03 

(2) Petitioner's Microfiche Record 

1.  The petition and naval records of subject petitioner 
have been reviewed relative to his request for upgrade of 
discharge. 

2.  The review reveals that petitioner attended a Special 
Court-Martial (SPCM) and received a Bad Conduct Discharge 
(suspended for six months).  It has been a long-standing 
policy of PERS-832, based upon legal advice from PERS-06L6, 
to approve administrative separations for cases involving 
Other than Honorable (OTH) discharges based on SPCM/GCM 
convictions in which punitive discharges were imposed but 
suspended.  Reference (a) only requires SECNAV approval 
when a SPCM/GCM did not impose a punitive discharge, and an 
OTH is warranted.  However, a punitive discharge was 
imposed in this case, but suspezxled.  AlLllough,  not 
applicable to this case, the authority to grant OTH 
discharges in which no punitive discharge was imposed has 
been delegated to DCNP (COMNAVPERSCOM) in accordance with 
reference (b) .  Therefore, favorable action on this 
petition is not recommended. 

-

 -7 

-

&chnical  Advisor to the 
Head, Enlisted Separations 
Branah  (8ZUW-BS2) 

Tot 

SUbj :  DELEGAT 

OF OTHER  THAN HONORIlBLE  SEPARATIOH APrWOPITY 
PERSOblMBZi  FOR WHOM  A  8PBCIAL OR GENERAXI  COURT- 
NOT IMPOSE  A  PUNITIVE DISCHARGE 

t Secretary of the Navy  (Henpower and 
) )   requested a  review  of current 

perronnel actime  could be 
.  The  a m d i n g  of an Other Than 

i f i c  conditions was one of aareral 

for  delegation ae  dioauaoed 

Per SECNAVINST 1910.48  the Secretary of the  Navy 

t did not impose a  punitive discharge, 

for separation is a 

ction by a -cia1 

or 

and  an Other 

. Rec~mmendatio 

at both headquarters 
red to resolve each 
e  feloniee and/or 
le in the laore  modern 
convicted Sailor 
ion i s  being  o t a f f e d  is 

time required  t o  

wlegata  t o  Deputy  Chief  of  Naval Personnel 
a0  eeparation authority when  the solo basis 
serious offense  that  resulted in a conviction 

court#-martial that did not:  impoae a 
and an Othex Than Honorable discharge is 

punitive discha 

b.  When the sole basis for separation is a serious offense that resulted in a conviction 
by  a special or general court-martial that did not impose a punitive discharge, and an Other 
Than Honorable discharge is warranted. 

c.  When the separation authority above determines that a characterization of SerYice as 
Honorable is clearly warranted by  the presence of unusual circumstances involving personal 
conduct and performance of naval duty for a service member in an  entry level status who is 
being  separated by  reason of  Selected Changes in Service Obligation, Convenience of the 
Government, Disability, or Secretarial Plenary Authority (subsections B,  C, D, and P of 
Part  1). 

d.  When  an  Administrative Board finds that a preponderance of the evidence supports 

one or more of  the reasons for separation alleged and recommends retention, but  the 
separation authority above recommends separation. 

e.  When  a servicemember is processed for separation by  reason of  misconduct - civilian 

v... 

, S F "  

: ,

conviction, and final action on  the appeal has not been  taken,  and the servicemember does 
not request separation before final action on  the appeal has been  taken. 
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-The Secretary of  the Navy  may assign any of his or her functions, powers, and duties 
hereunder to the Under Secretary of the Navy  and/or  the Assistant Secretary of the Navy 
(M&RN. 

L- 

3.  The Chief of  Naval  Operations and  the Commandant of the Marine Corps are 
separation authority for involuntary separation of  active duty servicemembers who  have  18 or 
more years total active military service.  The Chief of Naval Operations and the 
Commandant of  the Marine Corps may  delegate this authority within their respective 
headquarters, but not below  the Chief of Naval Personnel or DCS/M&RA. 

4.  In separations for conscientious objection, when  the GCMCA recommends disapproval, 
the Chief of Naval  Operations or the Commandant of the Marine Corps will make final 
determination based  in the entire record.  The Chief of Naval Operations and the 
Commandant of  the Marine Corps may delegate this authority within their respective 
headquarters, but  not below  the Chief of Naval Personnel or DCS/M&RA. 
B.  -ens Must Be C o w e n t  with  the Followi~: 
1.  Servicemembers must be processed for all reasons for which  minimum criteria are met. 
However, separation authorities must choose the most appropriate reason when actually 
effecting the discharge. 

Part 6 of 
Enclam (2)