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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