DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
	WASHINGTON DC 20370-5100	SJN
Docket No: 09035-03
2 August 2004

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 27 July 2004. 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, t ie Board 5 ounc the evidence submitted was insufficient to establish the existence of probable material error or injustice.

~AU~ ~nw ~ ~ri ~ Li~ ~ urn ~u p - cc J~n ~ry	age ~i On 1 April 1981 you received nonjudicial punishment (NJP) for unauthorized absences (UA) of about five days, two absences from your appointed place of duty, and failure to obey a regulation. You were awarded a reduction to E-1 and 30 days of correctional custody. During the period 6 April to 26 May 1981 you were UA on five occasions for a total of about 27 days. It appears that on or about 6 July 1981; you were convicted of these UA’s by a summary court-martial. The record shows that you were confined for the 24-day period from 6 July to 1 August 1981.

On 4 August 1981 you were notified of pending administrative separation action by reason of misconduct due to frequent involvement of discreditable nature with military authorities. It appears that after being advised of your procedural rights, you waived the right to an administrative discharge board (ADB). The discharge authority then directed discharge under other than honorable conditions by reason of misconduct. You were so discharged on 9 September 1981.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity, and the length of time that has passed since your discharge. However, the Board found that these factors and contention were not sufficient to warrant any change in your discharge given the NJP, your conviction by SCM, and the fact that your UA’s totaled nearly a month. The Board also noted that you waived an ADB, your best chance for retention or a better characterization of service. Further, no discharge is upgraded merely because of the passage of time. 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,

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