DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 08171-07
3 July 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 1 July 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 26 May 1982 at age 17. On
23 September 1983, you were convicted by special court-martial
(SPCM) of 64 days of unauthorized absence (UA). You were
sentenced to confinement at hard labor, a forfeiture of pay, anda
reduction in paygrade.
On 5 December 1983, 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 15 December 1983, you began another period of UA. Your
commanding officer declared you a deserter on 20 December 1983,
and forwarded his recommendation that you be discharged under
other than honorable conditions by reason of misconduct to the
separating authority on 21 December 1983. On 29 January 1984,
the discharge authority directed an other than honorable
discharge by reason of misconduct. On 24 February 1984 you were
so discharged in absentia due to your UA status.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your SPCM conviction for a period of
UA lasting over two months, and the fact that you were declared a
deserter after you were notified of administrative discharge
action and subsequently discharged in absentia. Further, you
waived the right to 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,
\ Sure
W. DEAN PF
Executive Dige
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