DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6156-09
27 July 2009
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 15 July 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 ali 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 16 February
1999, On 10 June 1999 you received nonjudicial punishment for an
unauthorized absence. You received a second nonjudicial
punishment on 30 July 1999 for an unauthorized absence from 14
June to 20 July 1999, a total of 36 days.
On 20 August 1999 your commanding officer recommended that you be
separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to the
commission of a serious offense. . After being informed of the
recommendation, you elected to waive the right to present your
Case to an administrative discharge board. The recommendation
was approved by the separation authority, and you were separated
from the Navy with a discharge under other than honorable
conditions on 1 September 1999.
The Board did not accept your unsubstantiated contention to the
effect that your second nonjudicial punishment is incorrect as
you returned after 29 days of unauthorized absence, rather than
36 days. It concluded that your service was properly
characterized as under other than honorable conditions in view of
your two periods of unauthorized absence. The Board concluded
further that you have not demonstrated that it would be in the
interest of justice for it to upgrade your discharge or to change
the reason or authority therefore. 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,
\p Qos
W. DEAN PFET
Executive Dinact
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