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NAVY | BCNR | CY2004 | 06233-04
Original file (06233-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
         2 NAVY ANNEX     SJN
          WASHINGTON DC 20370-5100         Docket No: 06233 - 04
                  25 March 2005










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-mem b er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 March 2005. 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 16 June 1986 at age 25. On 22 June 1988 you were convicted by a special court-martial (SPCM) of two periods of unauthorized absence totaling 168 days, missing movement, and other unspecified offenses. You were sentenced to confinement at hard labor for 60 days, forfeitures of $1,700, reduction in pay grade to E-l and a bad conduct discharge (BCD). On 14 February 1989, after completion of appellate review, you received the BCD.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your conviction by SPCM for two periods of UA totaling more than five months. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
In response to your request that your records reflect your correct social security number, you should submit such a request to the Navy Liaison Office (N314), located at 9700 Page Blvd., Room 3475, St. Louis, MO 63132-5200.








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,


W.       DEAN PFEI
 Executive Di rector
































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