DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 2645-05
6 October 2005
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 5
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 reenlisted in the Navy on 19 July 1982 at the age of 23. On 14
January 1983 you began a period of unauthorized absence that ended on
26 June 1983, a period of about 163 days.
On 27 August 1983 a special court-martial (SPCM) convicted you of the
163 days of UA and sentenced you to four months of confinement at
hard labor (CHL), $1,200 in forfeitures of pay, reduction to pay
grade E-1, and a bad conduct discharge (BCD). On 6 September 1983 you
waived your right to request clemency and restoration to duty. Three
months of the CHL was subsequently suspended and after the BCD was
approved at all levels of review, on 29 October 1985 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, period of good service, and your contention that your counsel
told you that your discharge would be upgraded after six months.
Nevertheless, the Board found that these factors were not sufficient
to warrant recharacterization of your discharge because of the
lengthy period of your UA. Finally, you are
advised that there is no provision in the law or regulations that allows
for recharacterization simply because of the passage of time. Therefore,
the Board concluded that the discharge was proper as issued and no change
is warranted.
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.
The Board noted that as a result of your prior honorable service you may be
eligible for veteran’s benefits. You should contact the nearest office of
the Department of Veterans Affairs if you desire clarification about your
eligibility for those benefits.
Sincerely,
2
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