DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
CRS
Docket No: 4725-07
13 May 2008
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 May 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
together with all material submitted in support
regulations
Board.
your application,
thereof, your naval record and applicable statutes,
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 Reserve on 28
October 1980. You received two nonjudicial punishments and were
convicted by a special court-martial. The offenses included
unauthorized absences totaling 347 days.
On 3 August 1983 your commanding officer recommended that you be
separated with a discharge under other than honorable conditions
by reason of misconduct due to a pattern of misconduct. When
informed of this recommendation, you waived the right to consult
with counsel and to present your case to an administrative
discharge board. Subsequently, you received a third nonjudicial
punishment for an unauthorized absence and absence from appointed
place of duty. After review by the discharge authority, the
recommendation for separation was approved and on 1 December 1983
you were separated with a discharge under other than honorable
conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, good post
service conduct, and the contention that your mother was ill
which caused the unauthorized absences. The Board concluded that
those factors were insufficient to warrant recharacterization of
your discharge, given your disciplinary record. 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,
ROBERT D. ZSALMAN
Acting Executive Director
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