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NAVY | BCNR | CY2007 | 02523-07
Original file (02523-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
WASHINGTONDC2O37O-511OO


                                                                                           SJN
Docket No: 02523-07
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 24 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.
You enlisted in the Navy on 12 June 1981 at age 19. During the period from 10 December 1981 to 20 January 1983 you received six nonjudicial punishments (NJPs) for three periods of unauthorized absence (UA), missing ship’s movement, two instances of sleeping on watch, and disrespect.
On 28 January 1983 you began a period of UA that lasted 216 days, ending with your apprehension on 4 September 1983. On 13 October 1983 you were convicted by special court-martial (SPCM) for that UA period and use of marijuana. You were sentenced to confinement at hard labor, a forfeiture of pay, and a bad conduct discharge (BCD). On 1 October 1984 you received the BCD after appellate review was completed.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and overall record of service. Nevertheless, the Board found that these factors were not sufficient to warrant
recharacterjzatjon of your discharge given your record of six NJPs and conviction by SPCM for a UA period that lasted over seven months. 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. D EAN PFEIFFER
                                                               Executive Director

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