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NAVY | BCNR | CY2007 | 02392-07
Original file (02392-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 SMW
 Docket No:2392-07
 1 November 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 31 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
On 29 November 1979, you enlisted in the Navy at age 19. During the period 11 July 1980 to 12 October 1982, you had nonjudicia]. punishment (NJP) on five occasions. Your offenses included willful and wrongful damage of property, larceny, disobedience of a lawful order, two instances of unauthorized absence (UA) totaling about 15 days, urinating on the deck, possession of marijuana, being incapacitated for duty, breaking restriction, and failure to obey a lawful order. On 11 February 1982, you failed to comply with orders and began a UA that ended on 16 July 1982, a period of about 155 days. It appears that no disciplinary action was taken for this offense.
On 7 December 1982, you began another UA. Based on the information currently contained in the record, it appears that you were being considered for a physical disability discharge, however, on 13 January 1983, the physical evaluation board proceedings were terminated due to your deserter status. On 26 August 1983, about 262 days later, the UA ended. On 26 August 1983, you began another tJA that ended on 8 January 1984, a period of about 135 days. On 10 February 1984, you were convicted by a special court-martial (SPCM) of the two tJA’s totaling 397 days. The court sentenced you to forfeiture of pay, confinement at hard labor, and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 4 December 1984, you were so discharged.
The Board, in its review of your entire record, carefully considered all mitigation, such as your youth and desire for a better discharge. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterjzation of your discharge due to the seriousness of your misconduct. 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 D irector

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