DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 6492-07
13 May 2008
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 May 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.
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 27 May 1982 after four years of
prior honorable service. You continued to serve without
disciplinary incident until 1 July 1985, when you began a period
of unauthorized absence (UA) that was not terminated until you
were apprehended by civil authorities on 29 October 1985. During
this period of UA you were also declared a deserter.
Subsequently, on 10 December 1985, you were convicted by special
court-martial (SPCM) of a 120 day period of UA. You were
sentenced to confinement at hard labor for 30 days, reduction to
paygrade E-1, and a bad conduct discharge (BCD). After the BCD
was approved at all levels of review, on 10 October 1985 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 period of UA
‘was due to personal family matters. 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 from the Navy. Finally, there is no
evidence in the record, and you submitted none, to support your
assertion. 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,
ne
re PS Te
POS Ad! 7
ROBERT »'Crenr many
Acting Executive Director
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