DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 5584-07
31 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 30 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 27 August 1985, you enlisted in the Navy at age 18. During
the period 22 November to 22 December 1986, you were in an
unauthorized absence (UA) status for about 30 days. On
26 November 1986, you were counseled regarding deficiencies in
your performance and conduct. On 14 January 1987, you were
convicted by a summary court-martial of the 30 day period of UA
and three instances of missing the movement of your ship. On °-
9 February 1987, you admitted that you were bi-sexual.
On 9 March 1987, your commanding officer initiated administrative
separation by reason of misconduct due to commission of a serious
offense and convenience of the government due to homosexuality.
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 11 September 1987, the
separation authority approved the separation recommendation and
directed an OTH discharge by reason of misconduct due to
commission of a serious offense. On 24 September 1987, 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. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your 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,
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