DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51900
RDZ:ecb
Docket No. 05617-11
25 October 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 20
October 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You enlisted in the Navy at age 24 on 8 January 2003 for a term of
four years. Unfortunately you only served a little more than one
year and ten months of active duty when you were administratively
separated with an other than honorable discharge (OTH) due to
misconduct. Specifically between May 2004 and January 2005 you
received three nonjudicial punishments for eight episodes of
unauthorized absence the last of which was for 26 days. When you
were informed that you were being recommended for an OTH based on
your record of misconduct you waived your right to appear before an
administrative discharge board where with the assistance of a
military attorney you could have offered evidence and arguments as
to why you should be retained or given a better discharge.
In its review of your application the Board concluded that in view
of the frequency of your offenses, the seriousness of your last period
of unauthorized absence (26 days) and your apparent willingness to
accept an OTH rather than try to serve out your enlistment your
discharge was proper as issued and should not be changed now as a
matter of clemency.
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
LOGAEG wg rains as mportant to keep in mind that a presumption of
reer ee sreaches to all official records. Consequently, when
al record, the burden
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