DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
RDZ:ecb
Docket No. 07417-12
10 October 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 2
October 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You enlisted in the Navy on 1 June 1999 for a term of four years.
Unfortunately you only served a little over one year and five months
when you were administratively separated with an other than honorable
discharge (OTH) due to your commission of a serious offense.
Specifically a little more than eight months after your enlistment
you went on unauthorized absence (UA) on two occasions. The first
period lasted two days and ended when you surrendered. The second
period started soon after your first UA ended and lasted 41 days.
Your record shows that the 41 day period of UA ended when you were
apprehended. On 25 July 2000 were tried and convicted by special
court-martial of the aforementioned periods of UA as well as missing
movement. Following your court-martial you were for separation with
an OTH due to commission of a serious offense. When you were
informed of the recommendation for an OTH you waived your right to
appear before an administrative discharge board (ADB) where, with
the assistance of a military lawyer you could have argued for and
requested retention or a more favorable characterization of service.
Your case was reviewed by the Assistant Secretary of the Navy who
then directed that you be issued an OTH which you received on 9
November 2000.
In its review of your application the Board concluded that in view
of the seriousness of your misconduct which occurred less than a year
after your enlistment as well as your apparent willingness to accept
an OTH rather than even attempt to serve out your enlistment, your
discharge was both legally proper and fair 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
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,
1D Von A:
W. DEAN PFET
Executive Direc
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