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NAVY | BCNR | CY2005 | 08965-05
Original file (08965-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
          WASHINGTON DC 20370-5100


         TRG
 Docket No:       8965-05
 8 March 2006







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 7 March 2006. 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.
You enlisted in the Navy on 26 June 1987 at age 21. You Completed initial training and, on 14 November 1987, you reported to your first duty station, On 15 July 1988 you were convicted by a summary court-martial of an unauthorized absence of about 33 days. You were convicted by another summary court-martial on 31 October 1988 of two periods of unauthorized absence totaling about 31 days, and missing ship’s movement. The punishment imposed included 30 days of confinement at hard labor.
Based on the foregoing record of misconduct, you were processed for an administrative discharge. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board. On 8 November 1988 your commanding officer recommended discharge under other than honorable conditions. You were restored to duty from confinement on 20 November 1988. On 5 December 1988 you began a period of unauthorized absence. Six days later, the discharge authority approved the recommendation of your commanding officer and directed that you be discharged under other than honorable conditions. On 19 December 1988 you surrendered to end the
 period of unauthorized absence. You were discharged under other than honorable conditions on 23 December 1988.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and contention that your fear of water led to your periods of unauthorized absence. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your repeated and lengthy periods of unauthorized absence. There is no evidence in the record, and you have submitted none, to show that fear of water led to your misconduct. The Board concluded that the discharge was proper as issued and no change is warranted.
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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