DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7034-07
13 May 2008
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 May 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.
However, during the period from. 7 May to 30 December 1987, you
received nonjudicial punishment (NJP) on three occasions for six
periods of unauthorized absence (UA) totalling 30 days and making
a false official statement.
waived your right to consult with legal counsel and to present
were so separated.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to have your
discharge upgraded. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct which resulted in three NJPs. Finally, you were given
an opportunity to defend yourself, but waived your procedural
right to present your case to an ADB and perhaps obtain 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,
VR BS ors Ae
ROBERT D. “SALMAN
Acting Executive Director
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