DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 10909-07
6 August 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 5 August 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 3 November 1987 at age 19. Oni
September 1988 and 30 March 1989 you received nonjudicial
punishments. Your offenses were four periods of unauthorized
absence totaling about 32 days and disrespect. A special court-
martial convened on 26 september 1991 and convicted you of two
periods of unauthorized absence totaling about 289 days, missing
movement and use of drugs. You were sentenced to reduction to
paygrade E-1, forfeitures of pay, confinement at hard labor for
three months and a bad conduct discharge. Upon completion of
confinement you began appellate leave and remained in that status
until the bad conduct discharge was issued on 29 December 1992.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as youth and the length of
time since the discharge was issued. The Board found that these
your discharge given your multiple periods
of unauthorized absence and other offenses. 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,
WNogu \
W. DE P I Rl
Executive Direct
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