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NAVY | BCNR | CY2007 | 05925-07
Original file (05925-07.rtf) Auto-classification: Denied
DEPARTMENT OFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASH!NGTON DC 20370-5100


 SJN
 Docket No: 05925-07
 4 April 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 mber panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 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 30 April 1976 at age 17. On 4 November 1977, you were convicted by summary court-martial (SCM) of 84 days of unauthorized absence (UA). You were sentenced to confinement at hard labor and a reduction in paygrade.
Based on the information currently contained in your record it appears that you were notified of pending administrative separation action by reason of unsuitability due to your apathy, defective attitude, and inability to adapt to naval service. You were afforded all of your procedural rights including the opportunity to submit a statement on your behalf.
On 15 November 1977, your commanding officer forwarded his recommendation that you be separated by reason of unsuitability. On 5 December 1977, the discharge authority directed separation with a general discharge. You were so discharged on 6 December
1977.






The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, overall record of service, and contention that you were denied psychological treatment. Nevertheless, the Board found that these factors and contention were not sufficient to warrant a change in your characterization of service given your SCM conviction for a long period of UA and the reason you were discharged. Concerning your contention that you were denied psychological treatment, there is no evidence in the record to support it, and you submitted no such evidence. 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 PF EIFFER
Executive Director

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