DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 08865-07
29 September 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, considéred your
application on 23 September 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 28 September 1977 at age 17. On
16 March 1978, you received nonjudicial punishment (NUP) for a
brief period of unauthorized absence (UA). During the period
from 30 December 1978 to 31 March 1982, you had two periods of UA
totaling over three years. On 19 May 1982, you were convicted by
Special court-martial (SPCM) of those periods of UA and sentenced
to a forfeiture of pay, confinement at hard labor, and a bad
conduct discharge (BCD). You received the BCD after appellate
review was completed.
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 NJP and conviction by SPCM for
periods of UA lasting over three years. 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,
Wee
W. DEAN ‘PFRIKE
Executive D or
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