DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 5811-00
26 February 2001
Dear
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 13 February
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
Your allegations of error and
2,001.
After careful and conscientious consideration of the entire
record,
to establish the existence of probable material error or
injustice.
the'Board found the evidence submitted was insufficient
The Board found you enlisted in the Navy on 2 March 1981 at the
age of 19.
Your record also reflects that you were
Your record reflects that on 17 August 1981 you began a 123 day
period of unauthorized absence (UA) that was not terminated until
18 December 1981.
Subsequently, on
declared a deserter during this period of UA.
25 January 1982, you were convicted by special court-martial
(SPCM) of the 123 day period of UA. You were sentenced to.
confinement at hard labor for three months, a $300 forfeiture of
pay, and a bad conduct discharge (BCD).
all levels of review and on 30 November 1982 you were so
discharged.
The BCD was approved at
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 contentions that it has been
more than 18 years since your separation, you have suffered long
enough with a BCD, and the BCD is preventing you from obtaining
employment as a correctional officer.
However, the Board
concluded these factors and contentions were not sufficient to
warrant recharacterization of your discharge given your four
month period of UA.
because of the passage of time.
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
Further, no discharge is upgraded merely
The Board concluded that your
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.
h_ave 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.
You are entitled to
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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