DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
¥ WASHINGTON DC 20370-5100
SUN
Docket No: 02430-0909
19 January 2010
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 Navel
Records, sitting in executive session, considered your ’
application .on 12 January 2010. 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 reenlisted in the Navy on 30 July 1973 after serving over
three years of honorable service. You served for over four more
years until 26 June 1978, when you began a period of unauthorized
absence (UA) that lasted 357 days, ending on 18 June 1979. on
18 July 1979, you were convicted by summary court-martial (SCM)
for that period of UA and sentenced to a forfeiture of pay anda
reduction in paygrade. On 16 April 1980, you began another
period of UA and were declared a deserter on 16 May 1980. While
in a UA status, you were convicted by civil authorities of hit
and run, assault in the second degree, driving on a suspended
license, and driving under the influence of alcohol. You were
sentenced to a fine and four years in jail. On 24 December 1980,
you were processed for an administrative discharge by reason of
misconduct due to civil conviction. On 22 January 1981, your
commanding officer forwarded your case to the discharge authority
recommending an other than honorable discharge. On 30 January
1981, the separation authority directed that you be separated in
absentia with and other than honorable discharge by reason of
misconduct due to the civil conviction. You were so discharged
On 12 February 1981.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant any change in your discharge given
you SCM for a lengthy period of UA and especially the civil
conviction and ensuing incarceration for very serious offenses,
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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