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NAVY | BCNR | CY2003 | 01469-03
Original file (01469-03.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   NAVAL  R E C O R D S  

2   NAVY  ANNEX 

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

TRG 
Docket No:  1469-03 
29 July 2003 

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 29 July 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 that the evidence submitted was 
insufficient to establish the existence of probable material 
error or injustice. 

You enlisted in the Navy on 26 April 1974 at age 18.  On 14 March 
1975 you were disenrolled from the nuclear power training program 
because of academic failure.  Subsequently, you were an 
unauthorized absentee from 19 April to 15 July 1975.  On 19 July 
1975 you deserted from the Navy and remained in that status until 
you were apprehended on 12 June 1986, a period of almost 11 
years. 

A general court-martial convened on 16 July 1986 and convicted 
you of the foregoing period of desertion.  The court sentenced 
you to reduction to pay grade E-1, forfeiture of all pay and 
allowances, confinement at hard labor for 90 days and a bad 
conduct discharge (BCD) .  On 4 May 1987, upon completion of 
appellate review, you received the BCD. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors, such as your youth and contention 
that you have been a good citizen for many years and have been 
adequately punished for your youthful mistakes.  However, the 
Board found that these factors and contentions were not 
sufficient to warrant recharacterization of your discharge given 

your conviction by a general court-martial of a very lengthy 
period of desertion.  The Board concluded that the 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, 



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