DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2053-08
3 October 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 October 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.
25 September 1996 you were convicted by special court-martial
(SPCM) of a 52 day period of unauthorized absence (UA). You were
sentenced to confinement for 45 days and a reduction to paygrade
E-1.
On 23 June 1998 you were released from active duty under
honorable conditions. On 26 May 2002, upon completion of your
obligated service, you were issued an honorable discharge
certificate.
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations. An average of 4.0 in conduct was required
at the time of your release from active duty for a fully
honorable characterization of service.
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 characterization of service at
the time of your release from active duty should be honorable.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your release from
active because presumably your marks were insufficiently high to
warrant a fully honorable characterization of service due to your
lengthy period of UA, which also resulted ina court-martial
conviction. 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,
Wud
W. DEAN PF
Executive
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