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NAVY | BCNR | CY2006 | 03353-06
Original file (03353-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                                                        TJR
Docket No: 3353-06
1 November 2006


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 1 November 2006. 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 12 August 1982 at age 20. During the period from 12 May to 23 November1983 you received nonjudicial punishment (NJP) on three occasions for two periods of unauthorized absence (UA) totalling 10 days and leaving your post before you were properly relieved.
On 26 January and again on 6 February 1984 you received NJP for absence from your appointed place of duty and a five day period of UA. You also received two more NJPs on 18 January and 19 February 1985 for three periods of absence from your appointed place of duty, disrespect, and disobedience.
On 7 March 1985 you were convicted by special court-martial
(SPCM) of an 89 day period of UA and sentenced to confinement at
hard labor for one month and a bad conduct discharge (BCD).
After the BCD was approved at all levels of review, on 27
September 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 and assertion that your discharge was unjust because your request for extended leave, due to deaths in your family, was denied. It also considered your assertion that you were humiliated and rudely treated. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterizatjon of your discharge because of the seriousness of your repetitive misconduct which resulted in seven NJPs and a court-martial conviction. Finally, 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,


                                                                        W. DEAN PFEIFFER
                                                                        Executive Director

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