DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 04167-09
22 March 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 Naval
Records, sitting in executive session, considered your
application on 16 March 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 enlisted in the Navy and began a period of active duty on
4 December 1985 at age 21. On 13 June 1986, you received
nonjudicial punishment (NUP) for 91 days of unauthorized absence
(UA). On 24 June 1986, administrative discharge action was
imitiated by reason of misconduct due to commission of a serious
offense. You waived your rights te consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). On 2 July 1986, your commanding officer forwarded
his recommendation that you be discharged under other than
honorable conditions by reason of misconduct. On 20 July 1986,
the discharge authority directed an other than honorable discharge
by reason of misconduct due to commission of a serious offense.
On 28 July 1986 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and family issues that contributed to your misconduct.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your NUP for a lengthy period of UA. Finally, the
Board noted that 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,
hoant
* W. DEAN PF
Frecutive Divedt
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