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NAVY | BCNR | CY2007 | 05790-07
Original file (05790-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
                           SJN
                                                                                          Docket No: 05790-07
                                                                                          27 March 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-me mb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 March 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 24 July 1978 at age 18. During the period from 15 March to 5 July 1979, you received three nonjudjcjal punishments (NJP’s) for five periods of unauthorized absence (UA), falsifying a legal document, disobedience, wearing a torn uniform, and two instances of failure to go to your appointed place of duty. On 26 March 1980, you were convicted by summary court-martial (SCM) of four specifications of UA totaling 74 days. You were sentenced to confinement at hard labor, a forfeiture of pay, and a reduction in paygrade.
On 15 April 1980, 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 (ADB). The discharge authority then directed discharge under other than honorable conditions by reason of misconduct. You were so discharged on 8 May 1980.






The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and overall record of service. Nevertheless, the Board found that these factors were not sufficient to warrant any change in your discharge given the three NJP’s and conviction by SCM for a long period of UA. The Board also noted that you waived an ADB, your best chance for retention or a better characterization of service. 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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