DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ,
WASHINGTON DC 20370-5100
TJR
Docket No: 8575-06
11 July 2007
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 11 July 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.
to establish the existence of probable material error or
injustice.
You reenlisted in the Navy on 22 January 1986 after seven years
of prior honorable service. You continued to serve without
disciplinary incident until 6 August 1986, when you began a
period of unauthorized absence (UA) that was not terminated until
you were apprehended by civil authorities on 20 November 1987.
As a result, on 22 December 1987, you were convicted by special
court-martial (SPCM) of the foregoing 471 day period of UA and
sentenced to a bad conduct discharge (BCD).
After the BCD was approved at all levels of review, on 2 March
1988 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, character reference letters, and
the passage of time. It also considered your assertion that your
discharge was the result of your trying to get relief for ringing
and swelling in your ears. 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 from the Navy. Finally, no discharge is
automatically upgraded due solely to the passage of time.
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,
ese
W. DEAN P
Executive cto
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