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NAVY | BCNR | CY2007 | 08368-07
Original file (08368-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SIN
Docket No: 08368-07
31 July 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 29 July 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 16 August 1978 at age 18. On

19 March 1979, you received nonjudicial punishment (NJP) for two
brief periods of unauthorized absence (UA). Based on the
information currently contained in your record it appears that
during the period from 1 May to 29 October 1979, you had three
periods of UA totaling 70 days. On 1 November 1979, it appears
you began another period of UA. On 1 December 1979, you were
declared a deserter and discharged in absentia on 24 February
1984 under other than honorable conditions.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your periods of UA, and the fact that you
were discharged in absentia as a result of your last period of
UA. Further, the record contains no support for your
contentions, and you submitted no supporting evidence.
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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