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NAVY | BCNR | CY2007 | 02785-07
Original file (02785-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
                  TJR
                                                                                          Docket No: 2785-07
                                                                                          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 pond of the Board for Correction of Naval Records, sitting in 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 reenlisted in the Navy on 6 March 2000 after eight years of prior honorable service and continued to serve without disciplinary incident until 24 January 2002, when you began a period of unauthorized absence (UA) that was not terminated until 2 April 2002. During this period of UA you were also declared a deserter. In April 2002, as a result of the foregoing 68 day period of UA, you were convicted by special court-martial (SPCM) and sentenced to reduction to paygrade E-l and a bad conduct discharge (BCD). On 12 April 2002 you began a period of appellate leave. After the BCD was approved at all levels of review, on 7 November 2003, you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your prior honorable service and assertion that your BCD was the result of personal family matters. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterizatjon 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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