DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 5537-07
30 January 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 29 January 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.
On 19 December 1988, you enlisted in the Navy at age 21. During
the period 4 August to 24 September 1990, you were in an
unauthorized absence (UA) status. On 25 October 1990, you were
convicted by a summary court-martial of the 51 day period of UA.
On 16 November 1990, your commanding officer initiated
administrative separation by reason of misconduct due to
commission of a serious offense. In connection with this
processing, you acknowledged that separation could result in an
other than honorable (OTH) discharge and waived the right to have
your case heard by an administrative discharge board (ADB). On
6 December 1990, the separation authority approved the separation
recommendation and directed an OTH discharge by reason of
misconduct due to commission of a serious offense. On
17 December 1990, you were so discharged
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and desire for a better discharge. The Board also considered
your previous spouses' marriage to someone else while still
married to you and your contention that you went UA to care for
your children. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of your
discharge due to the seriousness of your misconduct. Regarding
your contention, the Board noted that you provided evidence to
support your claim of having personal problems, but concluded
that they did not excuse misconduct. Finally, the Board noted
that you waived the right to have your case heard by an ADB, your
best opportunity for retention or a more favorable
characterization of service. Therefore, the Board concluded that
the discharge was proper as issued and no change is warranted.
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,
\
t
W. DEAN
Executive D Oo
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