DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 06566-10
16 Marek: 2011
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 2011. 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 on 14 August 1990, and began a period of
active duty service. During your enlistment, you were convicted
by civil authorities of driving under the influence of alcohol.
On 8 November 1993, you were convicted by a special court-martial
(SPCM) of being in an unauthorized absence (UA) status for 151
days. You were sentenced to forfeitures of $300, reduction in
pay grade, and confinement at hard labor for 100 days. On 11
January 1994, administrative separation action was initiated by
reason of misconduct. You waived your rights to consult counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB). On 13 January 1994, your commanding
officer forwarded his recommendation that you be discharged under
other than honorable conditions (OTH) by reason of misconduct.
On 24 January 1994, the discharge authority directed an OTH
discharge by reason of misconduct. On 1 February 1994, you were
so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of civil conviction and one
conviction by a SPCM of misconduct. The Board noted that you
waived your right to an ADB, your best opportunity for retention
or a more favorable 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,
\ ;
W. DEAN “PF E
Executive tor
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