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NAVY | BCNR | CY2002 | 09534-02
Original file (09534-02.pdf) Auto-classification: Denied
DEPARTMENTOFTHE  NAVY 

BOARD  F O R C O R R E C T I O N  O F N A V A L   RECORDS 

2  N A V Y A N N E X  

WASHINGTON  D C   20370-5100 

Tim 
Docket No: 9534-02 
14 August 2003 

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 12 August 2003.  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. 

You enlisted in the Navy on 26 December 1985 at age 20.  During 
the period from 21 April to 12 September 1986 you received 
nonjudicial punishment  (NJP) on three occasions for five periods 
of unauthorized absence (UA) totalling 4 4   days.  On 9 ~ e c e m b e ~  
1986 you were convicted by special court-martial (SPCM) of two 
periods of UA totalling 48 days and breaking restriction.  You 
were sentenced to confinement for 45 days and a bad conduct 
discharge (BCD) . 
The BCD was subsequently approved at all levels of review, and on 
15 April 1988 you were so discharged. 
  he  Board, in its review of your entire record and application, 
carefully weighed all potentially mitigating factors, such as 
your youth and immaturity and contention of personal problems. 
Nevertheless, the Board concluded these factors and your 
contention were not sufficient to warrant recharacterization of 
your discharge because of your repetitive misconduct, which 
resulted in three NJPs and a court-martial conviction. 
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, 



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