DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN :
Docket No: 1495-09
17 November 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 November 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 on 6 February 1991, and served without
disciplinary incident until 7 October 1992, when you received
nonjudicial punishment (NJP) for unauthorized absence (UA) and
failure to obey a lawful order.
Shortly thereafter, you received the following disciplinary
actions: on 11 May 1993, you received an NUP for UA; and on 21
November 1993, you were convicted at a special court-martial
(SPCM) for UA in excess of one and one-half months. Therefore,
you were recommended for separation with an other than honorable
(OTH) discharge due to your misconduct and conviction at a SPCM.
You waived all of your procedural rights, including your right to
an administrative discharge board (ADB). The separation
authority approved the recommendation and on 4 March 1994, you
were separated with an OTH discharge and an RE-4 reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, the passage of time and the unfortunate death of your
mother. Nevertheless, the Board concluded these factors were not
sufficient to warrant changing the characterization of your
discharge due to your misconduct. Finally, there is no provision
in the law or regulations that allows for recharacterization of
service due solely to the passage of time. The Board noted you
waived your right to an ADB, your best opportunity 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,
W. DEAN PF
Executive Dane
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