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NAVY | BCNR | CY2006 | 03555-06
Original file (03555-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
          WASHINGTON DC 20370-51 00       




SJN
          Docket No: 03555-06
         22 September 2006




This is in reference to your application for correction of your naval record pursuant to the provision 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 September 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice -
You enlisted in the Navy on 22 November 1988 at age 20. On
 7 April 1989 you were convicted by summary court—martial (SCM) of a 30-day period of unauthorized absence (UA). On 17 April 1989 you were counseled and warned that further misconduct could
result in administrative separation processing. However, on
14 September 1990 you received nonjudicial punishment (NJP) for a 12-day period of UA and missing ship’s movement.

On 2 October 1990, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense. You consulted with counsel and elected to waive all of your rights except the right to submit a statement.
On 14 November 1990, your commanding officer recommended discharge under other than honorable (0TH) conditions by reason of misconduct due to commission of a serious offense. On 28 November 1990 the discharge authority directed an 0TH discharge by reason of misconduct.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and time in service. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the NJP and your conviction by SCM for periods of UA lasting over 30 days and the serious offense of missing ship’s movement. Additionally, the Board noted you received NJP after you were warned that further misconduct could lead to administrative separation from the service. 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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