DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100
TJR
Docket No: 4327-06
11 January 2007

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 9 January 2007. 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 on 29 December 1997 at age 20. You served for three years without disciplinary incident, but on 12 January 2001 you received nonjudicial punishment (NJP) for nine periods of absence from your appointed place of duty, two specifications of insubordination, and disobedience. About six months later, on 29 June 2001, you received NJP for absence from your appointed place of duty and insubordination.

On 11 July 2001 you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense and a pattern of misconduct. After consulting with legal counsel you submitted a statement explaining your misbehavior, but waived your right to present your case to an administrative discharge board (ADB). On 30 August 2001 your commanding officer recommended separation by reason of, misconduct due to commission of a serious offense and a pattern of misconduct. On 29 October 2001 you began a period of
unauthorized absence (UA). While in this UA status, the discharge authority approved the recommendation for separation and directed a general discharge by reason of misconduct, and on 5 November 2001 you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assertion that you were told that your discharge could be changed eight months after your separation. It also considered your desire to enlist in the National Guard. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct which resulted in two NJPs and a period of UA for which you did not receive disciplinary action. Further, the Board noted that you were given an opportunity to defend yourself, but waived your procedural right to present your case to an ADB. Finally, no discharge is automatically upgraded due solely to 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,

ROBERT D. ZSALMAN
Acting Executive Director

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