DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3633-07
11 February 2008
" oe een
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 o# Naval
Records, sitting in executive session, considered your
application on 7 February 2008. 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 13 February 1990 at age 19 and served
without disciplinary incident until 24 October 1990, when you
were convicted by summary court-martial (SCM) of two periods of
unauthorized absence (UA) totalling 81 days, missing the movement
of your ship, and larceny of tennis shoes. You were sentenced to
confinement for 30 days and a $350 forfeiture of pay.
On 23 April 1991 you were convicted by SCM of a 34 day period of
UA and sentenced to confinement for 30 days and a $501 forfeiture
of pay. About a month later, on 22 May 1991, you were notified
of pending administrative separation action by reason of
misconduct due to commission of a serious offense. At that time
you waived your right to consult with legal counsel and to
present your case to an administrative discharge board. On 31
May 1991 your commanding officer recommended a discharge under
other than honorable conditions by reason of misconduct due to
commission of a serious offense. On 20 June 1991 the discharge
authority approved this recommendation and directed separation
under other than honorable conditions, and on 3 July 1991 you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to enlist in the
Army National Guard. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct which resulted in two court-martial convictions and
included lengthy periods 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,
W. DEAN P
Executive Di
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