DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD~SJN
2 NAVY ANNEX
WASHINGTON DC 20370-5100 Docket No: 02346-05
21 October 2005
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 19 October
2005. 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 1 December 1981 at age 18. On 29 April 1982
you were convicted by summary court-martial (SCM) of two periods of
unauthorized absence totaling about 66 days. You received 30 days
restriction and forfeitures of pay. On 13 May 1982 administrative
separation action was initiated, and you were advised that such a
separation could result in an honorable or general discharge. On 11
June 1982 you were administratively separated with a general discharge
due to unsuitability.
The Board, in its review of your application, carefully weighed all
potentially mitigating factors, such as your youth and the contention
that you were to receive and honorable discharge after six months.
However, the Board found that these factors were not sufficient to
warrant a change in your characterization of service given the SCM for
a lengthy period of UA. Additionally, no discharge is upgraded solely
due to the passage of time. 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,
2
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