DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 4503-07
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 5 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 reenlisted in the Navy on 19 June 1984 after four years of
prior honorable service. You continued to serve without
disciplinary incident until 4 December 1985, when you received
nonjudicial punishment (NJP) for a 10 day period of unauthorized
absence (UA) and were awarded extra duty for 20 days, a $300
forfeiture of pay, and a suspended reduction in paygrade.
On 1 January 1987 you received NJP for a four day period of UA
and were awarded restriction for 21 days, a $400 forfeiture of
pay, and a suspended reduction in paygrade. About four months
later, on 16 April 1987, you began another period of UA that was
not terminated until 11 July 1989. You were also in a UA status
during the period from 1 to 5 September 1989. As a result, on 6
September 1989, you were convicted by special court-martial
(SPCM) of two periods of UA totalling 821 days. You were
sentenced to confinement at hard labor for three months, a $1,398
forfeiture of pay, reduction to paygrade E-1, and a bad conduct
discharge (BCD). After the BCD was approved at all levels of
review, on 12 May 1990 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 desire to upgrade your discharge. It also
considered your assertion that your periods of UA were due to
family illness. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct and 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, (
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