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NAVY | BCNR | CY2007 | 05684-07
Original file (05684-07.rtf) Auto-classification: Denied
                                             BOARD FOR CORRECTION OF NAVAL RECORDS
                                                      2 NAVY ANNEX
                                                      WASHINGTON DC 20370-5100




TJR
 Docket No: 5684-07
2 April 2008





This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 1 April 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 18 April 1977 at age 23 and served without disciplinary incident until 13 May 1980, when you began a period of unauthorized absence (UA) that was not terminated until 29 June 1982. As a result, on 9 September 1982, you received nonjudicial punishment (NJP) for a 777 day period of UA. The punishment imposed was restriction for 40 days, extra duty for 45 days, and reduction to paygrade E-3.
On 14 September 1982 you were notified of pending administrative separation action by reason of misconduct due to the prolonged period of UA. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 16 September 1982 your commanding officer recommended an other than honorable discharge by reason of misconduct. Subsequently, the discharge authority approved this recommendation and directed an other than honorable discharge, and on 20 September 1982 you were so discharged.


The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assertion that your discharge was too severe. It also considered your period of good service prior to the beginning of your UA. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your lengthy period of UA from the Navy. Finally, you were given an opportunity to defend yourself and possibly obtain a better characterization of service, but failed to do so when you waived your procedural rights. 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 Director

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