DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 10014
ARLINGTON, VA 22204-2490
TUR
Docket No: 3409-11
23 January 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 18 January 2012. The names and votes of the
members of the panel will be furnished upon request. 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 5 December 1990 at age 19 and began a
period of active duty. You served without disciplinary incident
until 13 September 1991, when you received nonjudicial punishment
(NJP) for absence from your appointed place of duty.
On 15 January 1993 you were convicted by special court-martial
(SPCM) of a 92 day period of unauthorized absence (UA) and
missing the movement of your ship.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to commission of a serious offense.
After waiving your procedural rights to consult with legal
counsel and to present your case to an administrative discharge
board (ADB), on 13 April 1993, your commanding officer
recommended you be issued a discharge under other than honorable
conditions by reason of misconduct. On 18 May 1993 the discharge
authority approved this recommendation and directed separation
under other than honorable conditions by reason of misconduct due
to commission of a serious offense. On 21 May 1993, while
serving in paygrade E-2, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, desire to upgrade the
characterization of your discharge, and the passage of time.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct, which resulted in
NJP and an SPCM. Further, the Board noted that you were given an
opportunity to defend yourself, but waived your procedural right
to present your case to an ADB. Finally, no discharge is
upgraded due solely to an individual’s good post service conduct
or the passage of time. Accordingly, your application has been
denied.
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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