DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SJN
Docket No: 06692-07
2 June 2008

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 May 2008. 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 5 October 1993 at age 19. On
14 February 1994, you began a period of unauthorized absence (tJA)
that lasted 69 days, ending with your apprehension on 21 April
1994. On 2 May 1994, you received nonjudicial punishment (NJP)
for the period of UA and missing ship’s movement.

Administrative discharge action was initiated by reason of misconduct due to commission of a serious offence. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB). On 10 May 1994, your commanding officer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct. On 20 May 1994, the discharge authority directed an other than honorable discharge by reason of misconduct. On 17 June 1994 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, overall record of service, and reason you offer that led to your misconduct. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterjzatjon of your discharge because of your NJP for a period of UA lasting over 60 days, and the serious offense of missing ship’s movement. Further, 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,

W.	DEAN PFEIFFER
Executive Director