DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 5833-07
25 February 2008
c for correction of your
This is in reference fo your application
naval record pursuant to the provisions of title 10 “Of the United
States Code, section 1552,
A LDS ee ~Inemnnes panel ef the Board for Correction af Nava!
Records, sitting in @xX@écuLive SeSSilon, Colisidered youl
applica om on 21 Pebruary 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.
On 15 July 1996, you enlisted in the Navy at age 18. During the
period 15 October 1996 to 30 April 1997, you were in an
unauthorized absence (UA) status on two occasions totaling about
163 days. On 4 June 1997, you were convicted by a special court-
martial of the 163 days of UA. The court sentenced you to
confinement, forfeitures of pay, and a bad conduct discharge
(BCD). After the BCD was approved at all levels of review, on
9 March 1998, you were so discharged and assigned an RE-4
reenlistment code.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth and
desire for a better discharge. Nevertheless, the Board found
that these factors were not sufficient to warrant
recharacterization of your discharge or changing the reenlistment
code due to the seriousness of your misconduct, specifically,
more than five months of UA. 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,
Executive Dil
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