DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
704 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SON
Docket No: 03674-11
1 February 2012
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 31 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.
You enlisted in the Navy and began a period of active duty on
1 November 1989. On 22 October and 4 December 1992, you were
convicted by summary court-martial (SCM) of 42 days of
unauthorized absence (UA) and 23 specifications of failure to go
to your appointed place of duty. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
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). Your case was forwarded
recommending that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. Your commanding
officer stated, in part, that you had became an administrative
burden, your presence was detrimental to morale and good order
and discipline, and you had no potential for further military
‘gervice. The discharge authority concurred and directed an OTH
discharge by reason of misconduct due to commission of a serious
offense. You were so discharged on 11 February 1993.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
record of service. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of
your discharge given your two SCM convictions of very serious
offenses. Finally, the Board noted that you waived the right to
an ADB, your best chance for retention or a better
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 ‘eviderice 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,
\ Nonfat
W. DEAN PPBIF
Executive D °
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