DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
SIN
Docket No: 01431-09
23 December 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 15 December 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
5 =
ay 1986 at age 17. Based on the information currently
contained in your record it appears that during the period from
10 July 1986 to 9 duly 1987, you had three periods of
unauthorized absence (UA) totaling 46 days. On 10 July 1987, you
were convicted by special court-martial (SPCM} of nine
specifications of UA totaling 77 days. You received confinement
and a bad conduct discharge. (BCD). You received the BCD after
appellate review was completed. ,
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and belief that your characterization of
service would be upgraded upon completion of a substance abuse
program. Nevertheless, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge
given your conviction by SPCM for periods of UA totaling over 60
days. Concerning the upgrade of your characterization of service
after completion of a substance abuse program, there is no
evidence in the record to support it, and you submitted no such
evidence. 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 PF
Executive D2 r
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