DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No:
639-05
24 October
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 18
October 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 21 September 1979 at age 18 and served
for nearly a year without disciplinary incident, but on 8 August
1980. you received nonjudicial punishment (NJP) for a two day period
of unauthorized absence (UA) and were awarded extra duty for 14 days.
On 6 December 1981 you were convicted by summary court-martial (SCM)
of three periods of UA totalling 58 days. You were sentenced to hard
labor and restriction for 45 days, a $275 forfeiture of pay, and
reduction to paygrade E-1.
During the period from 17 July 1982 to 22 March 1984 you were in a UA
status on six occasions for 447 days. The record does not reflect the
disciplinary action taken for three of these periods totalling 64
days. However, on 11 May 1984, you were convicted by special court-
martial (SPCM) of the other three periods of UA totalling 383 days.
You were sentenced to confinement at hard labor for five months, a
$1,750 forfeiture of pay, and a bad conduct discharge (BCD). On 11
July 1984 the BCD was approved at all levels of review, and on 17
December 1984, you were so discharged.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth, passage of
time, post service conduct, and character reference letters. It also
considered your assertion that you were experiencing personal and family
problems which resulted in your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repetitive and lengthy
periods of UA. There is no evidence in the record, and you submitted none,
to support your assertions. 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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