DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 08124-08
26 June 2009
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 23 June 2009, Your ailegations 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.
You enlisted in the Navy and began a period of active duty on 26
September 1990 at age 19. On 23 April 1992, you were convicted
by special court-martial (SPCM) of two specifications of
unauthorized absence (UA) totaling 90 days, missing movement,
wrongfully obtaining services with intent to defraud and breaking
restriction. You were sentenced to confinement at hard labor, a
forfeiture of pay, a reduction in paygrade, and a bad conduct
discharge (BCD). You received the BCD after appellate review was
completed.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and overail period of service. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your SPCM conviction
for very serious offenses. 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 PFEIFF
Executive Dire
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