DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 05159-12
25 March 2013
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 March 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 had prior honorable service in the Navy from 1979 to 1983.
You reenlisted on 1 February 1984, and served without
disciplinary incident until 10 September 1984, when you were
convicted at a special court-martial of two specifications of
unauthorized absence, totaling approximately 105 days. After
confinement, you were recommended for separation with an other
than honorable discharge due to misconduct (commission of a
serious offense (COSO)). You waived your rights to counsel and
an administrative discharge board (ADB). The separation
authority approved the recommendation, and on 29 January 1985,
you were separated with an OTH discharge due to misconduct
(COSO), a separation code of HKQ (misconduct), and an RE-4 (not
recommended for retention) reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change to your
characterization of service or your separation code due to your
coso. Furthermore, the Board found 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,
TB OS, ole
ROBERT D. ZSALMAN
Acting Executive Director
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