DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00268-13
17 Oectaber 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 16 October 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 Reserve and began a period of active
duty on 3 December 1979. The Board found that on 28 January
1983, you were convicted by special court-martial (SPCM) of 827
days of unauthorized absence (UA). You were sentenced toa
forfeiture of pay and confinement at hard labor. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to commission of a serious offense. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). Your case
was forwarded recommending that you be discharged under other
than honorable (OTH) conditions by reason of misconduct. The
separation authority concurred and directed an OTH discharge by
reason of misconduct due to commission of a serious offense. You
were so discharged on 3 May 1983.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your SPCM conviction of a very serious offense, a period of
UA that lasted over two years. Finally, the Board noted that you
waived the right to an ADB, your best chance 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. Chat
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,
=
Executive
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