DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 8768-08
15 January 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 13 January 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.
Regulations require that an individual be declared a deserter
when they have been an unauthorized absentee for over 30 days. A
review of your record reveals that you were an unauthorized
absentee from 2 March 1991 and were declared a deserter on 1
April 1991. You subsequently surrendered to terminate the period
of desertion on 17 April 1991. You were again an unauthorized
absentee from 26 April 1991 and were declared a deserter on 27
May 1997. You were apprehended by civil authorities on 14 June
1991 and were returned to military control that same day.
Although the separation package is not filed in your record, your
DD Form 214 shows that you requested discharge for the good of
the service to avoid trial by court-martial apparently for the
two periods of unauthorized absence set forth above. You were
discharged under other than honorable conditions in August 1991.
In view of the foregoing, you have not been considered a
deserter by the Navy since 14 June 1991. Therefore, there is no
basis for a correction to your Navy record.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request
Copies of the documentation in your record showing that you are
no longer a deserter are enclosed. This documentation should be
provided to any other government agency that still considers you
to be a deserter.
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,
lyQant
W. DEAN P EB
Executive Director
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