DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TAL
Docket No: 12362-08
30 October 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 21 October 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, 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
6 April 1987 at age 19. On 17 March 1988, you received
nonjudicial punishment (NUP) for failure to obey a lawful order.
On 16 November 1989, you were convicted by special court-martial
(SPCM) of 350 days of unauthorized absence (UA) and sentenced to
75 days of confinement, forfeiture of pay, reduction in paygrade
and a bad conduct discharge (BCD). You received the BCD after
appellate review was complete.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your NUP and SPCM conviction for a period
of UA totaling over 11’ months. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
Tt is regretted that the circumstances of your case are such that
favorable action cannet 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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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 2009. On 8 September 1986 you received NUP for a 31 day period of unauthorized absence (UA). 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.
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NAVY | BCNR | CY2008 | 06939-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 June 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 2009. 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. Consequentiy, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...