DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100) mpg
Docket No: 8579-06
15 February 2008
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 12 February 2008. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 25 June 1984 at age 17 with an
agreement for training in the Nuclear Field Program. On 13
December 1984 and 30 January 1985, you received nonjudicial
punishment for three periods of unauthorized absence totaling
about eight days, four instances of failure to go to your
appointed place of duty and disobedience. On 16 March 1985 you
began a period of unauthorized absence which lasted until you
surrendered on 2 April 1986, a period of about 375 days.
A special court-martial convened on 9 May 1986 and convicted you
of the 375 day period of unauthorized absence. The court
sentenced you to a forfeiture of $426 pay, confinement at hard
labor for 20 days, reduction to pay grade E-1 and a bad conduct
discharge. Subsequently, you waived appellate review of your
court-martial conviction. The bad conduct discharge was issued
on 16 July 1986.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, diagnosed
personality disorder and your contention that the Navy had
breached your contract by not sending you to nuclear training.
The Board found that these factors and contention were not
sufficient to warrant recharacterization of your discharge given
your disciplinary record and especially the 375 day period of
unauthorized absence which resulted in your conviction by a
special court-martial. There is nothing in your record
concerning a breach of contract. However, it is clear that
individuals with a disciplinary record and an adverse psychiatric
evaluation would not be allowed to undergo nuclear training. The
Board concluded that the discharge was proper as issued and no
change is warranted.
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 PFETRF
Executive Di
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