DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 08010-10
19 Apral 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 13 April 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
inj peri ee:
You enlisted in the Navy on 28 October 1981. On 10 October 1983,
you were convicted by civilian court of burglary and leaving the
scene of an accident. You were sentenced to confinement for 30
days, fined $500 ($50 per month), and three years probation. On
27 February 1984, you were convicted by a special court-martial
(SPCM) of five incidents of being in an unauthorized absence (UA)
status totaling 521 days. You were sentenced to forfeitures of
$700, reduction in pay grade, and confinement at hard labor for
four months. On 17 April 1984, administrative separation action
was initiated by reason of misconduct (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 1984, your commanding officer forwarded
his recommendation that you be discharged under other than
honorable conditions (OTH) by reason of misconduct. On 1 July
1984, the discharge authority directed an OTH discharge by reason
of misconduct (commission of a serious offense). On 12 July
1984, 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 one conviction by a SPCM
of serious 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 oan )
W. DEAN Att?
reat
Executive Di
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