DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD
ARLINGTON, VA 22204
SIN
Docket No: 02220-11
10 January 2012
This ig 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 5 January
2012. 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.
On 28 April 1989, you reenlisted in the Navy after serving over two
years of honorable service. The Board found that you were convicted
by special court-martial (SPCM) of three specifications of
unauthorized absence (UA) totaling 39 days, two specifications of
missing movement, and two specifications of wrongful use of cocaine.
You were sentenced to confinement at hard labor, a forfeiture of pay,
and a reduction in paygrade. The convening authority approved the
sentence on 1 June 1990. Subsequently, administrative discharge
action was initiated by reason of misconduct due to commission of a
serious offense. You elected to consult counsel and have your case
heard before an administrative discharge board (ADB). On 30 July
1990, the ADB recommended separation with an other than honorable
(OTH) discharge by reason of misconduct due to commission of a serious
offense. The ADB further recommended that the OTH discharge be
suspended for a period of 12 months. On i4 August your commanding
officer (CO) forwarded his recommendation concurring with the ADB’s
findings and recommendation for an OTH discharge, but did not concur
in the ADB’s recommendation that your discharge be suspended for 12
months. On 23 August 1990, the separation authority determined that
you should be separated with an OTH discharge but directed that it be
held in abeyance pending further observation of your conduct. On 27
August 1990, you were counseled and warned that at any time during
your probationary period, if you violated any of the terms of your
probation, your CO was authorized to execute the OTH discharge. On 24
September 1990, you began a period of UA that lasted 310 days, ending
on 31 July 1991. On 16 August 1991, your CO executed the discharge
due to your violation of probation. You were so discharged on
22 August 1991.
The Board, in its review of your application, carefully weighed all
potentially mitigating factors. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization of
your discharge given your SPCM conviction of very serious offenses,
which included the wrongful use of cocaine. Moreover, you were given
an opportunity to earn a better characterization of service when your
OTH discharge was suspended for 12 months. Unfortunately, you then
went UA for over 10 months. 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,
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