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NAVY | BCNR | CY2007 | 04821-07
Original file (04821-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHIGTON DC 20370-5 100





 SJN
Docket No: 04821-07
26 February 2008


        

application on 20 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 15 October 1973 at age 24. On 8 May and 7 August 1974, you received nonjudicial punishment (NJP) for two periods of unauthorized absence (UA) totaling 15 days. On 29 October 1974 and 10 June 1975, you were convicted by summary court-martial (SCM) of three periods of UA totaling 43 days, missing movement, and disobedience. On 9 April 1976, you were convicted by special court-martial (SPCM) of a 152-day period of UA.
On 20 May 1976, you were notified of pending administrative separation action by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. After being advised of your procedural rights, you waived the right to an administrative discharge board (A]JB). The discharge authority then directed discharge under honorable conditions by reason of misconduct. You were so discharged on 27 May 1976.
 The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your overall record of service, your contention that you were incarcerated from 11 September 1975 to 10 February 1976, and that this time was counted toward your UA. Nevertheless, the Board found that these factors were not sufficient to warrant any change in your discharge because of the two NJP’s for two periods of UA, and convictions by SCM and SPCM for periods of UA totaling over six months. The Board also noted that you waived an ADB, your best chance for retention or a better characterization of service, and that you were fortunate to receive a general discharge, since a discharge under other than honorable conditions is often directed when an individual is discharged for misconduct. With regard to your contention, the record clearly shows that on 11 September 1975 you began a period of UA that lasted 152 days, ending when you surrendered on 10 February 1976. You were placed on legal hold the same day pending your SPCM. 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 Di rector

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