DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1575-08
6 October 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 1 October 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.
On 11 January 1977, you enlisted in the Navy at age 18. On
27 January 1977, you volunteered for assignment to the SEALS.
On 24 February 1977, about three weeks later, you had
nonjudicial punishment (NUP) for larceny of a cassette tape
from the exchange. On 30 November and 16 December 1977, you
had NUP for disobedience of a lawful order and assault. During
the period 17 July 1978 to 17 April 1989, you were in an
unauthorized absence (UA) status on four occasions totaling
about 3883 days. On 27 June 1989, you were convicted by a
special court-martial of the 3883 days of total UA. The
sentence included confinement, reduction in rank, and a bad
conduct discharge (BCD). A portion of your sentence was
subsequently suspended and after the BCD was approved at all
levels of review, on 19 April 1990, 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 the Navy broke
your enlistment contract. Nevertheless, the Board concluded
that these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your misconduct, specifically, three NUP's and more than ten
years of UA's. Furthermore, there is no evidence in the record
to support your contention. 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 PF
Executive Di
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