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NAVY | BCNR | CY2007 | 02758-07
Original file (02758-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
                                                                                          Docket No: 2758-07
                                                                                          18 January 2008



This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552.
A three-member pane l of the Board for Correction of Naval Records, sit t in g is executive session, considered your application on 16 January 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 13 November 1984 at age 21 and served for about six months without disciplinary incident. However, during the period from 16 May 1985 to 16 March 1986 you were in an unauthorized absence (UA) status, missed the movement of your ship, and declared a deserter. As a result, on 10 April 1986, you were convicted by special court-martial (SPCM) of a 304 day period of UA~ You were sentenced to a $400 forfeiture of pay, reduction to paygrade E-l, and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 9 July 1986 you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assertion that because you were experiencing stress, you made bad decisions. It also considered your assertion of inadequate legal representation. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterjzatjon of your discharge because of the seriousness of your lengthy period of UA from the Navy. 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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