DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7743-07
20 August 2008
This is in reference tlo your application for correction of your
naval record pursuant |to the provisions of Title 10, United
States Code, Section 1652.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 August 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedtres 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 re ord, 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 Naval Reserve on 21 August 1990 at age 19.
You served for nearly alyear without disciplinary incident, but
on 3 August 1991 you began a period of unauthorized absence (UA)
that was not terminated|until you were apprehended by civil
authorities on 17 October 1991. You were subsequently returned
to military custody, but on 3 November 1991, you began another
period of UA that was ndt terminated until 7 January 1992.
During these periods of |UA you were declared a deserter and had
wrongfully used marijuana.
On 7 February 1992 you were convicted by special court-martial
(SPCM) of two periods of] UA totalling 140 days and wrongful use
of marijuana. You were Sentenced to confinement for 90 days and
a $1,500 forfeiture of pay.
On 12 March 1992 you were notified of pending administrative
separation action by lreason of misconduct due to commission of a
serious offense. At Ithat time you waived your right to consult
with legal counsel an to present your case to an administrative
discharge board (ADB)| On 15 April 1992 your commanding officer
recommended separation under other than honorable conditions by
reason of misconduct due to commission of a serious offense and
drug abuse. On 6 June 1992 the discharge authority approved this
recommendation and directed an other than honorable discharge,
and on 12 June 1992, you were so separated.
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 behavior was due to your
immature judgment, butt did not have an adverse effect on your
duties or responsibilities. It also considered your requests to
change your narrative reason for separation and reenlistment code
so that you may reenlilst. Nevertheless, the Board concluded
these factors were not] sufficient to warrant recharacterization
of your discharge or a change of your narrative reason for
separation or reenlistment code because of the seriousness of
your repetitive and lengthy periods of UA and your drug related
misconduct. Finally, You were given an opportunity to defend
yourself, but waived your procedural right to present your case
to an ADB. Accordingly, your application has been denied.
The names and votes of| the members of the panel will be furnished
upon request.
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other mattér 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 app ying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
\nee
W. DEAN PFEI
Executive Dir
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