DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 5965-08
26 February 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
25 February 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.
On 23 January 1987, you enlisted in the Navy at age 19. On
3 November 1987, you received medical treatment during which you
stated that you had been assaulted by a shipmate. The medical
treatment entry indicates that you received treatment for pain
to your forehead and human bite marks on your back. During the
period 12 February to 25 April 1988, you were in an unauthorized
absence (UA) status on three occasions totaling about 68 days.
On 6 May 1988, you were convicted by a summary court-martial of the
three instances of UA totaling 68 days and two instances of assault
that occurred on 3 November 1987. On 22 June 1988, you had
nonjudicial punishment for three brief instances of UA that totaled
about two days.
On 29 June 1988, your commanding officer initiated administrative
separation by reason of misconduct due to commission of a serious
offense. In connection with this processing, you acknowledged that
separation could result in an other than honorable (OTH) discharge
and waived the right to have your case heard by an administrative
discharge board (ADB). On 23 July 1988, the separation authority
approved the discharge recommendation and directed an OTH discharge
by reason of commission of a serious offense. On 29 July 1988, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth and
desire for a better discharge. The Board also considered your
explanation of events. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of your
discharge due to the seriousness of your misconduct. Furthermore,
the Board found that your explanation of events does not excuse your
misconduct. The Board also noted that you waived the right to have
your case heard by an ADB, your best opportunity for retention or a
more favorable characterization of service. Therefore, the Board
concluded that the discharge was proper as issued and no change is
warranted. 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,
NO
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