DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 5078-07
20 February 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 12 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 29 June 1998 and served until you
were honorably discharged on 30 June 2006, a period of 8 years
and 1 day. Your record contains an entry showing that you were
an unauthorized absentee for about 12 hours on 8 February 1999.
A record of unauthorized absence, dated 28 January 2000, is filed
in your record and indicates that you were absent from 0630, 14
January to 1800, 17 January 2000, a period of about three days.
The form states that the absence was not excused and that you
would be charged with three days of lost time.
In your application you are requesting that the three day period
of lost time be removed from your record because you were a good
Sailor and never received any disciplinary action. The DD Form
214 issued on 30 June 2006 does not show any lost time.
Regulations allow for a period of unauthorized absence to be
charged as lost time at the command's discretion without
disciplinary action. This is apparently what happened in your
case. There is no other information concerning this matter filed
in your service record. The Board concluded that you were
properly charged with three days of lost time and there is no
basis for removal of the lost time from your record. A copy of
the record of unauthorized absence is enclosed for your
information.
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,
Executive DA
Enclosure
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