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NAVY | BCNR | CY2004 | 01317-04
Original file (01317-04.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
         Docket No:       1317-04
         2 August 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 28 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 ex istence of probable material
         


The Board found that you enlisted in the Naval Reserve on 26 June 1976, and commenced 36 months of active duty on 30 November 1976 at age 17. You served without incident until 3 February 1978, when you were convicted by summary court martial (SCM) of two periods of unauthorized absence totaling six days and wrongful possession of government property. You were sentenced to forfeitures of pay, confinement at hard labor for 14 days, 14 days of restriction, and a reduction to paygrade E-1. On 10 May 1978 you received nonjudicial punishment (NJP) for breaking restriction, five instances of failure to go to your appointed place of duty, three instances of failure to obey an order, and wrongful appropriation of government property. You were awarded 60 days of confinement at hard labor and forfeitures of pay.
On 25 November 1980 you were apprehended by civil authorities after an 845-day period of UA. On 27 March 1981 you were convicted by special court martial (SPCM) of this period of UA, and were sentenced to forfeitures of pay, confinement at hard labor for four months, and a bad conduct discharge. On 4 May 1981 the convening authority approved the findings of the SPCM but reduced the confinement to 75 days. After appellate review was completed, on 7 June 1982 you were separated with 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 Navy. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge because of the lengthy period of unauthorized absence of more than 27 months that resulted in the conviction by SPCM and your prior misconduct. 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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