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NAVY | BCNR | CY2008 | 08721-08
Original file (08721-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 8721-08
27 May 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 27 May 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 record, 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 21 October 1986. On 10 November 1986, were
granted a waiver for pre-service drug abuse. You entered an

unauthorized absence (UA) status on 21 February 1987, which
ended on 11 November 1987 with your apprehension for assault.

The civil assault charges were later dropped. On
30 December 1987, you were referred to a special court-martial
for the 261 days of UA, and were sentenced to a bad conduct

discharge (BCD). After appellate review, on 15 December 1988,
you received the BCD and were assigned an RE-4 reenlistment
code.

The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth.
However, the Board concluded that this factor was not sufficient
to warrant upgrading your BCD, which was based on your lengthy
period of UA. In view of the above, 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,

Lo \yan

W. DEAN PFEYFRER
Executive Dwrectc

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