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NAVY | BCNR | CY2007 | 09360-07
Original file (09360-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SM W
Docket No: 9360-07
5 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 4 June 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 6 July 1976, you enlisted in the Navy at age 33 after honorably serving in the Army National Guard and Air Force. On 31 July 1977, you were counseled regarding deficiencies in your performance of duty. On 12 January 1978, you were counseled regarding your failure to meet financial obligations and warned that further infractions could result in administrative discharge. On 16 June 1978, you were counseled regarding an excess leave balance. During the period 22 to 29 August 1978, you were in an unauthorized absence (UA) status. On 30 August 1978, your access to secure areas was suspended due to allegations of recurrent indebtedness. On 12 September 1978, you were granted 10 days of leave to give you an opportunity to account for the previous 10 day UA. On 16 October 1978, you had NJP for an unspecified period of UA. On 17 October 1978, your security clearance was revoked for cause and striker and radioman designation were removed.



On 27 November 1978, you were informed that you were being considered for a general discharge by reason of convenience of the government due to unsuitability.
On 25 December 1978, you began a UA that ended on
18 October 1983, a period of 1758 days. On 9 December 1983, you had NJP for drunken and reckless driving. On
29 February 1984, you were convicted by a general court-martial (GCM) of the 1758 day period of UA. The sentence included confinement at hard labor, reduction in rank, and a bad conduct discharge (BCD) . Your request for clemency was subsequently disapproved. After the BCD was approved at all levels of review, on 26 April 1985, you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your prior periods of honorable service and post service conduct. The Board also considered the letters that you provided attesting to your character. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterjzatjon of your discharge due to the seriousness of your misconduct, specifically, more than 58 months of UA. Furthermore, you are advised that there is no provision in the law or regulations that allow for recharacterization of service due solely to post service conduct. Therefore, the Board concluded that the discharge was proper as issued and no change is warranted. 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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