DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 01624-13
29 January 2014
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 28 January 2014. 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.
On 17 February 1987, you reenlisted in the Navy after serving
over four years of honorable service. The Board found that on
26 August 1987, you received nonjudicial punishment (NJP) for two
days of unauthorized absence (UA). You received a suspended
reduction in paygrade, a forfeiture of pay, restriction and extra
duty. On 5 December 1987, your commanding officer set aside your
NIP and all rights and privileges were restored to you. On
22 August 1988, you were convicted by special court-martial
(SPCM) of two periods of UA totaling 83 days. You were sentenced
to a period of confinement, a forfeiture of pay, and a reduction
in paygrade. 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 January 1989.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your SPCM conviction
of two periods of UA totaling over two months. 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 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,
‘<4 pond >, ee Q
ROBERT D. ALMAN
Acting Executive Director
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