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NAVY | BCNR | CY2001 | 07488-01
Original file (07488-01.pdf) Auto-classification: Denied
DEPARTMENT OF  THE  NAVY 

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2  N A V Y   A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

TJR 
Docket No: 7488-01 
29 April 2002 

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 23 April 2002.  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. 

The Board found you enlisted in the Naval Reserve on 25 November 
1981 at the age of 20 and began a six year period of active duty 
on 11 March 1982.  Your record reflects that on 21 August 1982 
you began a period of unauthorized absence (UA) that was not 
terminated until you were apprehended by civil authorities on 9 
April 1985.  On 18 July 1985 you were convicted by special court- 
martial  (SPCM) of this 963 day period of UA.  You were sentenced 
to confinement at hard labor for three months, a $1,239 
forfeiture of pay, and a bad conduct discharge (BCD).  The BCD 
was subsequently approved at all levels of review, and on 7 
August 1986 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 your post service conduct. 
However, the Board concluded these factors were.not sufficient to 
warrant recharacterization of your discharge because of your 
lengthy period of UA, which was not terminated until you were 
apprehended by civil authorities.  Further, no discharge is 
upgraded merely  due to the passage of time.  Given all 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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