DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10148-07
8 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 2 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.
On 13 January 1981, you enlisted in the Navy at age 23 after
a prior period of honorable service in the Army. on
30 April 1981, you were in an unauthorized absence (UA) status
until 13 August 1981, a period of about 105 days. However, it
appears that no disciplinary action was taken for this offense.
During the period 16 September 1981 to 8 November 1985, you
were in a UA status on two occasions totaling about 1,407 days.
On 27 November 1985, you were convicted by a special court-
martial (SPCM) of the two periods of UA totaling 1,407 days.
The sentence included confinement at hard labor, reduction in
rank, and a bad conduct discharge (BCD). After the BCD was
approved at all levels of review, on 4 June 1986, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
The Board also considered your contention that personal problems
may have contributed to your misconduct and belief that your
UA's are considered a misdemeanor. Nevertheless, the Board
found that these factors were not sufficient to warrant
recharacterization of your discharge given your lengthy UA's and
conviction by a SPCM,. Furthermore, the two UA's for which you
were convicted by a court-martial are considered serious
offenses. Regarding your contention, personal problems do not
excuse misconduct. 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
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.
The Board noted that as a result of your prior honorable
service in the Army, you may be eligible for veterans'
benefits. You should contact the nearest office of the
Department of Veterans Affairs if you desire clarification
about your eligibility for those benefits.
Sincerely,
Lenn
W. DEAN PF
Executive r
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