DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DC 20370-5100 Docket No: 2341-08
17 November 2008
AS SG
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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 13 November 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 were honorably discharged from the Navy Reserve on 6 April
1982 with about three years of active duty. You enlisted in the
Navy on 26 April 1982, During the period from 5 December 1983 to
12 September 1984, you received nonjudicial punishment on three
occasions and were convicted by a special court-martial. Your
offenses were five periods of unauthorized absence totaling about
198 days and use of marijuana. On 11 October 1984 you began a
period of unauthorized absence which lasted until you surrendered
on 28 March 1987, which was a period of about 1247 days. A
special court-martial convened on 11 May 1988 and convicted you
of that period of absence. The sentence of the court included a
bad conduct discharge. On 3 June 1988 you were released from
confinement. The bad conduct discharge was issued on 19 May 1988
upon completion of appellate review of your court-martial.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your prior honorable
service and your contention, in effect, that you have been a good
Citizen for many years. The Board found that these factors and
contention were not sufficient to warrant recharacterization of
your discharge given your disciplinary record and especially your
conviction by a special court-martial of a serious offense. 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,
\Dargptscea )
Executive Dinexgor
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