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NAVY | BCNR | CY2008 | 07957-08
Original file (07957-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20376-5100

 

BJG
Docket No: 7957-08
17 June 2009

 

 

Dear

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 17 June 2009. 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 and medical records,
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. The Board found that you entered active
duty in the Navy on 8 May 1979. You received nonjudicial
punishment on two occasions for dereliction in the performance
of your duties, misappropriation of government property, two
instances of unauthorized absence (UA) totaling approximately
36 days, and missing the movement of your ship. On

16 January 1980, you received an adverse performance
evaluation. On 13 August 1980, you received a special court-
“martial (SPCM) for approximately 163 days of UA and missing the
movement of your ship. Your sentence included a bad. conduct. hu
discharge (BCD). On 15 October 1981, you received another SPCM
for approximately 137 days of UA. On 29 June 1982, after
appellate review, you received the BCD and were assigned an RE-
4 reenlistment code.

The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth and desire
to upgrade your discharge. Nevertheless, the Board concluded
that these factors were not sufficient to warrant
recharacterization of your BCD due to your serious misconduct
and poor performance. 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,

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