DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3880-12
25 February 2013
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 21 February 2013. 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
2 July 1990 at age 19. On 18 March 1993, you received
nonjudicial punishment (NJP) for two instances of unauthorized
absence (UA) from your unit for a period toting 83 days. Based
on the information currently contained in your record it appears
that you were subsequently processed for administrative
separation due to misconduct. In connection with this
processing, you would have acknowledged the separation action
and the separation authority would have approved a
recommendation for separation. You waived your procedural right
to an administrative discharge board (ADB). The record clearly
shows that on 9 April 1993, you were discharged with an other
than honorable separation due to misconduct (commission of a
serious offense).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as. your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in an NUP for 83 days of UA. The Board also noted that
you waived your right to an ADB, your best opportunity 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 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,
Lo Waank }
W. DEAN ad
Executive Di £
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