DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
N
2 NAVY ANNEX CRS
WASHINGTON DC 20370-5100 Docket No: 2423-08
29 May 2009
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 28 May 2009. 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. that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you reenlisted in the Navy on 21 December
1991. On 7 January 1992 you were convicted by a summary court-~-
martial of two periods of unauthorized absence of a total
duration of 65 days. On 24 February 1993 your commanding officer
recommended that you be separated from the Navy with a discharge
under other than honorable conditions by reason of misconduct due
to the commission of a serious offense. After being informed of
the recommendation, you elected to waive the right to present
your case to an administrative discharge board. The
recommendation was approved by the separation authority, and you
were separated from the Navy with a discharge under other than
honorable conditions on 4 March 1993.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
record of service. The Board was not persuaded that it would be
in the interest of justice for it to upgrade your discharge.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
tt 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,
W. wT PPEIL
Executive Di
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