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NAVY | BCNR | CY2003 | 02191-03
Original file (02191-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 FC
Docket No: 02191-03
25 August 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 August 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 5 February 1986 at age 20. On 10 September 1986 you received nonjudicial punishment (NJP) for five periods of unauthorized absence (UA) totaling 23 days; and disobedience of lawful orders by a having a female guest in your barracks room, and by exiting the barracks through a window. You were awarded restriction, extra duty, and forfeitures of pay. On 12 September 1986, you received a second NJP for violating an order by wearing civilian clothing in a restricted status, and were awarded a forfeiture of pay and extra duty. On 4 November 1986, you received a third NJP for a 36-day period of unauthorized absence, and were awarded a forfeiture of pay, restriction, and extra duty.

On 6 November 1986, you were notified of administrative separation processing and waived all of your procedural rights. On that same day, the commanding officer recommended an other
than honorable discharge by reason of misconduct due to commission of a serious offense. On 7 December 1986, the separation authority directed separation and, on 11 December 1986, you were discharged under other than honorable conditions.

In its review of your case, the Board carefully weighed all potentially mitigating factors such as your youth and immaturity and the length of time that has passed since you were discharged from the Navy. However, the Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given the three NJPs for offenses that included a lengthy period of UA. 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,

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