DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 04916-09
19 April 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 13 April 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
31 August 1981 at age 18. During the period from 10 June 1982 to
4 January 1984, you received three nonjudicial punishments (NJP's)
for four periods of unauthorized absence (UA) and disobedience.
Additionally, you were convicted by two special courts-martial
(SPCM’s) of 340 days of UA. As a result of your last SPCM, you
were sentenced to a bad conduct discharge (BCD). However, the BCD
was suspended for a period of six months. On 17 February 1984,
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). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. The separation authority directed an other than
honorable discharge by reason of misconduct due to commission of
a serious offense. On 19 April 1984 you were 50 discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and belief that your characterization of service would
change after seven years. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your three NJP’s and convictions by
SPCM for periods of UA totaling over 11 months. Further, the
Board noted that you waived the right to an ADB, your best chance
for retention or a better characterization of service. Finally,
you are advised that there is no provision in law or Navy
regulations that allow for recharacterization automatically after
seven months or due solely to the passage of time. 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,
Executive
O
B
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