DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O370-5100

RDZ : ecb
Docket No. 09087-07
14 May 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 ~aval Records, sitting in executive session, considered your application on 13 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 1 March 2000 at age 23. On 27 September 2001 you were tried and convicted by special court martial of unauthorized absence, offering violence aaainst a superior commissioned officer, failure to obey a lawful order and communicating a threat. You were sentenced to be confined at hard labor for 75 days, forfeiture of $200.00 of pay per month for two months and reduction to Seaman Recruit. On 2 October 2001 you were notified that you were being recommended for separation from the Navy with an other than honorable (0TH) discharge due to your misconduct. On that same date you chose not to consult with a military lawyer and waived your right to appear before an administrative discharge board where you could have argued for retention or a better characterization of service. As a result you received an 0TH discharge on 21 November 2001.

In its review of your application the Board considered all potent~al1y extenuating and mitigating factors such as your post service achievements and your claim that your misconduct was caused in large part by personal family problems. Nevertheless the Board concluded these factors did not outweigh your multiple and serious acts of misconduct which occurred aboard ship and some of which were directed at a commissioned officer who was in a position of senior leadership aboard ship.

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. SALMAN
Acting Executive Director