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NAVY | BCNR | CY2004 | 01180-04
Original file (01180-04.rtf) Auto-classification: Denied
                  DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
                                                      FC
                                                                                 Docket No: 1180-04
29 July 2004





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 21 July 2004. 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.
The Board found that you enlisted in the Marine Corps on 9 August 1985 at the age of 20. On 3 March 1986 you commenced a period of unauthorized absence that was terminated when you were apprehended by civil authorities on 21 May 1986. On 16 July 1986 you were convicted by special court martial (SPCM) of the foregoing 49-day period of unauthorized absence. You were sentenced to forfeitures of pay, reduction to paygrade E-1, confinement at hard labor for 105 days, and a bad conduct discharge. After appellate review, on 28 April 1987 you received a BCD.
In its review of your case, the Board carefully weighed all potentially mitigating factors such as your youth, and the length of time that has passed since you were discharged from the Marine Corps. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge because of your conviction by SPCM for a lengthy period of UA that was terminated only by your apprehension. 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,
2

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