DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Decket No: 158-01
25 June 2001
Dear seimgasiiatean
A
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 19 June 2001. 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. In addition, the Board considered the advisory
opinion provided by the Naval Medical Center, a copy of which is
enclosed for your information.
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.
The Board found you enlisted in the Navy on 25 January 1989 at
the age of 23. Your record reflects that on 23 May 1989 you
received nonjudicial punishment (NJP) for a day of unauthorized
absence (UA) and absence from your appointed place of duty. The
punishment imposed was extra duty and restriction for 14 days and
a $163 forfeiture of pay. Approximately a year later, on 21 May
1990 you were convicted by special court-martial (SPCM) of a 124
day period of UA and were sentenced to confinement for 110 days
and forfeitures totalling $600.
Your record further reflects that on 26 January 1993 you were
convicted by SPCM of six periods of UA totalling 386 days. You
were sentenced to reduction to paygrade E-1 and a bad conduct
discharge (BCD). Subsequently, the BCD was approved at all
levels of review and on 13 September 1993 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 immaturity, and good post service conduct. The
Board also considered the statement from The American Legion in
support of your case and the numerous character reference
letters. However, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive and lengthy periods
of UA. Given the circumstances of your case, the Board concluded
your discharge was proper as issued and no change is warranted.
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
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