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NAVY | BCNR | CY2007 | 02159-07
Original file (02159-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
ROARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                    TRG
         Docket No:2159-07
        24 October 2007


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 23 October 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 3 October 1979 at age 19. On 29 January 1980, you received nonjudicial punishment for an unauthorized absence of about two days. Subsequently, you were an unauthorized absentee from 3 February 1990 until you were apprehended on 3 March 1981, a period of about 392 days. On 20 April 1981, you escaped~ from confinement and remained absent until you were apprehended on 30 June 1984, a period of about 1150 days.
A special court-martial convened on 1 August 1984 and convicted you of the two periods of unauthorized absence. The court sentenced you to forfeiture of $350 pay per months for four months, confinement at hard labor for four months and a bad conduct discharge. Subsequently, the convening authority dismissed the conviction of 392 days of unauthorized absence. You were released from confinement on 20 August 1984. On 23 August 1984 you began a period of unauthorized absence which lasted until you were apprehended on 18 April 1985, a period of about 235 days. In May 1985, you began appellate leave and remained in that status until the bad conduct discharge was issued on 12 November 1987. In its review of your application, the Board carefully weighed all potentially mitigating factors, such as your youth, the character references you submitted, and your contention that alcohol abuse led to your misconduct. The Board found that these factors and contentions were not sufficient to warrant recharacterzatjon of your discharge given your multiple and lengthy periods of unauthorized absence. 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 PFEIFFER
Executive Director

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