DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03914-07
18 January 2008
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 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 1 October 1980 at age 19. On 7 May
1981, you began a period of unauthorized absence (UA) that lasted
403 days, ending on 14 June 1982. on 3 August 1982, you began
another period of UA that lasted six days, ending on 9 August
1982. On 11 August 1982, you received nonjudicial punishment
(NUP) for the six-day period of UA. However, on 13 August 1982,
you were convicted by special court-martial (SPCM) of the 403 day
period of UA. You were sentenced to a forfeiture of pay, a
reduction in pay grade, and a bad conduct discharge (BCD). 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 period of service. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your record of NJP and
conviction by SPCM for a UA period lasting over 13 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,
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