DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
SUN
Docket No; 10110-08
2 September 2009
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.
smber:- panel: of the. Board for Correction of Naval
Lsittirig in’ executive session, considered your .
application” en--25August-2009. Your allegations of error and
injustice were reviewed. in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary. matertad 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
1 December 1977 at age 19. On 8 May 1978, you received
nonjudicial punishment (NUP) for absence from your appointed
place of duty. On 8 August 1979, you were convicted by special
court-martial (SPCM) of four specifications of unauthorized
absence (UA) totaling 30 days. On 17 August 1979, you were
convicted by civil authorities of theft by writing 60 worthless
checks. You were sentenced to 60 days of confinement, which was
to be served on weekends, a fine, and probation. On 17 September
1979, as a result of violating your probation by not paying your
fine and not reporting to jail, you were sentenced to one year in
jail.
On 5 January 1981, you were processed for an administrative
discharge under other than honorable (OTH) conditions by reason
of misconduct due to civil conviction. You were notified of this
pending administrative separation and waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). You received the OTH on
23 January 1981.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant any change in your
discharge given your NJP, conviction by SPCM, civil conviction,
and probation violation, which led to your ensuing incarceration
for very serious offenses. Further, you waived the right to an
ADB, your best chance for retention or a better characterization
of service. 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,
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