DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1395-03
31 October 2003
Dear-"_
:
This is 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
application on 28 October 2003.
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.
Your allegations of error and
session,~ considered your
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 reenlisted in the Navy on 20 September 1989 after three years
of prior honorable service.
On 30 April 1990 you were convicted by special court-martial
(SPCM) of a 66 day period of unauthorized absence
(UA) and
failure to go to your appointed place of duty.
sentenced to confinement for 65 days, 20 days of which were
suspended for 12 months, reduction to
paygrade E-2, and a $600
forfeiture of pay, a portion of which was also suspended for 12
months.
You were
On 18 June 1990 you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense.
to present your case to an administrative discharge board (ADB).
However, on 3 August 1990, you submitted a written statement
rescinding your request for an ADB.
On 17 August 1990 your
After consulting with legal counsel you elected
commanding officer recommended separation under other than
honorable conditions by reason of misconduct due to commission of
a serious offense.
On 20 September 1990 the discharge authority
then directed separation under other than honorable conditions by
reason of misconduct, and on 2 October 1990 you were so
discharged.
Nevertheless, the Board concluded these factors
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and your assertion that your
Certificate of Discharge or Release from Active Duty (DD Form
214) incorrectly lists two periods of lost time.
It also
considered your assertion that you were not represented by legal
counsel before waiving your rights prior to your discharge
proceedings.
were not sufficient to warrant recharacterization of your
discharge because of your lengthy period of UA.
Further, the
Board noted that the time lost recorded on your DD Form 214 was
correct, in that you were in a UA status from 16 December 1989 to
20 February 1990 and were confined from 30 April to 5 June 1990.
Finally, the Board noted that the record shows that you consulted
counsel after you were notified of the administrative separation
action, but did not do so immediately prior to waiving your right
to an ADB.
service member be afforded the right to consult with counsel when
separation action is initiated.
has been denied.
However, applicable directives only require that an
Accordingly, your application
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.
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