DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00271-13
17 October 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 and began a period of active duty on
4 October 1989. The Board found that during the period from
12 July 1990 to 31 May 1991, you received three nonjudicial
punishments (NJP's) for seven periods of unauthorized absence
(UA) totaling 56 days. On 1 March 1992, you were convicted by
summary court-martial (SCM) of three specifications of UA
totaling 143 days and three specifications of missing ship’s
movement through design. You were sentenced to 30 days of
confinement. 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 20 May 1992.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, desire to upgrade your discharge and contention that you
were given a hardship discharge. Nevertheless, the Board
concluded these factors and contention were not sufficient to
warrant recharacterization of your discharge given your three
NJP’s and conviction by SCM of periods of UA that lasted over
four months. Finally, the Board noted that you waived the right
to an ADB, your best chance for retention or a better
characterization of service. Concerning your contention that you
were given a hardship discharge, there is no evidence in the
record to support it, and you submitted no such evidence.
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 ali 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 Weasel
W. DEAN PFELRF
Executive Dive r
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