DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 07072-068
16 June 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 9 June 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
9 January 1985 at age 18. On 6 October 1986, you were convicted
by summary court-martial (SCM) of 30 days of unauthorized absence
(UA). You were sentenced to confinement at hard labor, a
forfeiture of pay, and a reduction in paygrade.
On 7 October 1986, 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 16 October 1986, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 7 November 1986, the
separation authority directed an other than honorable discharge by
reason of misconduct due to commission of a serious offense. On
21 November 1986 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, the psychological evaluation accompanying your
application dated 14 February 2005, and contention that you had a
medical condition which caused your misconduct. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your SCM
conviction for a serious offence. Further, the Board noted you
waived the right to an ADB, your best chance for retention or a
better characterization of service. Concerning your contention,
there is no evidence in the record to support it, and you
submitted no such evidence. 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,
\ ane
W. DEAN PFETRP
Executive Direc
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