DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No:
28 August 2002
3189-02
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 August 2002.
injustice were reviewed in accordance with administrative
regulations and procedures'applicable to the proceedings of this
Board.
of your application,
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
Your allegations of error and
together with all material submitted in
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.
The Board found that you enlisted in the Navy on 2 June 1978 for
four years at age 17. The record reflects that you served
without incident until 31 August 1979,
of unauthorized absence (UA) which did not end until you
surrendered to military authorities on 23 April 1985.
when you began a period
Your record reflects that on 21 May 1985 you were convicted by a
special court-martial of the foregoing 2,062 day period of
unauthorized absence.
labor for six months,
months, reduction to
On 27 June 1985, the convening authority approved the adjudged
sentence except for-the part of the sentence extending to
confinement and forfeitures remaining on or after 8 July 1985,
On 22 January
which was suspended for a period of 12 months.
You were sentenced to confinement at hard
forfeiture of $413 per month for six
paygrade E-l, and a bad conduct discharge.
1986, after completion of appellate review, you received the bad
conduct discharge.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
However, the Board concluded that your conviction
immaturity.
of an unauthorized absence of over five years warranted severe
The
punishment, which the court-martial correctly imposed.
Board concluded that your special court-martial and subsequent
bad conduct discharge were appropriate,
not be upgraded to honorable.
been denied.
will be furnished upon request.
The names and votes of the members of the panel
and the discharge should
Accordingly, your application has
You are entitled to have
In this regard, it is important to keep in mind that
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
naval record,
existence of probable material error or injustice.
the burden is on the applicant to demonstrate the
Sincerely,
W. DEAN PFEIFFER
Executive Director
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