DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100.
SJN
Docket No: 04186-09
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
21 October 1988 at age 18. On 9 March and 19 December 1990, you
were convicted by summary court-martial {SCM) of four
specifications of unauthorized absence totaling 168 days.
Administrative discharge action was initiated by reason of
misconduct due to commission of a serious offense. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). On
18 April 1991, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 24 April 1991, the
discharge authority directed an other than honorable discharge by
reason of misconduct due to commission of a serious offense. On
2 May 1991 you were so discharged.
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 concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your SCM convictions for periods of UA totaling over five
months. 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,
\Wiaks
W. DEAN P
Executive regto
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