DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE i001
ARLINGTON, VA 22204-2490
TUR
Docket No: 1518-12
27 November 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 20 November 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 29 April 1977 and immediately began a
period of active duty. You served without disciplinary
infraction until 27 March 1978, when you began a period of
unauthorized absence (UA) that was not terminated until 27 June
1979. During this period of UA you were declared a deserter,
however, only the charge of UA was referred for court-martial.
On 7 August 1979 you were convicted by summary court-martial
(SCM) of a 457 day period of UA and sentenced to confinement at
hard labor for 25 days, a $200 forfeiture of pay, and reduction
to paygrade E-1. Shortly thereafter, on 16 August 1979, you were
processed for an administrative separation action by reason of
Misconduct. After waiving your procedural right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB), on 28 August 1979, your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to the prolonged period of UA.
Subsequently, the discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct, and on
4 September 1979, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and statement of claim/
affidavit provided in support of your request. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your lengthy period of UA from the Navy. Finally, you were
given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. 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,
Brn, Drop
BRIAN J. GEORGE
Head, Discharge Review Section
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