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NAVY | BCNR | CY2004 | 09144-04
Original file (09144-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                   WASHINGTON DC 20370-5100



         TJR
 Docket No: 9144-04
 29 August 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-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 August 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 22 January 1981 at age 18. You served without disciplinary incident until 7 February 1983 when you were convicted by summary court-martial (SCM) of attempting to jump ship and a three day period of unauthorized absence (UA). You were sentenced to confinement at hard labor for 28 days and a $350 forfeiture of pay.
On 27 January 1986 you were convicted by special court-martial
(SPCM) of two period of UA totalling 568 days and breaking
restriction. You were sentenced to confinement at hard labor for
120 days, a $1,000 forfeiture of pay, and a bad conduct discharge
(BCD).
During the period from 8 to 26 February 1986 you were in a UA status on two occasions for eight days. However, the record does not reflect the disciplinary action taken, if any, for this misconduct.
 Subsequently, the BCD was approved at all levels of review and on 5 February 1987 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 assertion that you were under medication at the time of your discharge. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your lengthy periods of UA. 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,

        
W. DEAN PFEIFFER
Executive Director


















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