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NAVY | BCNR | CY2006 | 04222-06
Original file (04222-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



                                                     TJR
Docket No: 4222-06
                                                                                 15 February 2007






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 13 February 2007. 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 29 June 1979 at age 18 and served without disciplinary infraction until 24 January 1980, when you received nonjudicial punishment (NJP) for wrongful use of marijuana and were awarded a $300 forfeiture of pay and restriction for 30 days.
On 11 February 1981 you were convicted by special court-martial (SPCM) of an 83 day period of unauthorized absence (UA) and missing the movement of your ship. You were sentenced to confinement at hard labor for three months, reduction to paygrade E-1, a $1,002 forfeiture of pay, and a bad conduct discharge (BCD).
After the BCD was approved at all levels of review, on 11 August 1982 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, post service conduct, character reference letters, and the passage of time. It also considered your assertion that your discharge is unjustified and unfair for three months of UA. The Board further considered your request to upgrade your discharge so that you may obtain veteran’s benefits. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your lengthy period of UA and drug related misconduct, which resulted in NJP and a court-martial conviction. Finally, no discharge is automatically upgraded due solely to the passage of time and/or an individual’s good post service conduct. 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,



















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