DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 3720-07
11 February 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 panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 February 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
Board.
your application,
thereof, your naval record,
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 21 June 1988 at age 18 and served for
nearly six months without disciplinary incident. However, during
the period from 3 January to 6 March 1989 you were in an
unauthorized absence (UA) status on two occasions, with the
latter period being terminated when you were apprehended by civil
authorities. As a result, on 7 March 1989, you were convicted by
special court-martial (SPCM) of desertion as evidenced by a
period of UA totalling 38 days and of a three day period of UA.
You were sentenced to confinement for 45 days, a $900 forfeiture
of pay, and a bad conduct discharge (BCD). After the BCD was
approved at all levels of review, on 12 October 1989 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 you cannot be a productive citizen
with a bad conduct discharge. It also considered your assertion
that your superiors were aware of your whereabouts and therefore
you were not in a UA status. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your lengthy
period of UA, which resulted in a court-martial conviction.
There is no evidence in the record, and you submitted none, to
support your assertions. 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,
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