DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 06273-07
1 May 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 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 applicabie statutes, regulations,
and policies.
injustice.
You enlisted in the Navy on 13 May 1985 at age 18. On
10 January and 6 May 1986, you received nonjudicial punishment
(NUP) for two periods of unauthorized absence (UA) totaling
47 days.
On 6 May 1986, administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). On
12 May 1986, your commanding officer forwarded his recommendation
that you be discharged under other than honorable conditions by
reason of misconduct. On 5 June 1986, the discharge authority
directed an other than honorable discharge by reason of
misconduct. On 11 dune 1986 you were so discharged.
(i
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 the stated reasons for
your periods of UA. Nevertheless, the Board found that these
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,
(Se
ROBERT D.~ ZSALMAN
Acting Executive Director
NO
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