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NAVY | BCNR | CY2007 | 06664-07
Original file (06664-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 SJN
 Docket No: 06664-07
2 June 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 28 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.
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 September 1981 at age 21. On 27 November 1981, you received nonjudicial punishment (NJP) for four days of unauthorized absence (UA) . On 21 September 1983, you were convicted by special court-martial (SPCN) of two periods of UA totaling 519 days. One period of UA was due to an arrest by civil authorities for concealment of a handgun and the altering of a serial number. You were sentenced to confinement at hard labor, a forfeiture of pay, a reduction in paygrade, 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, pre-service family problems, overall record of service, and current post service problems. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterjzation of your discharge given your NJP and conviction by SPCM for periods of UA totaling over 17 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,

                                             


W.       DEAN PFEIFFER
 Executive Director
                                                              

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