DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 01450-09
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. " s
You enlisted in the Navy and began a period of active duty on
23 November 1981 at age 19. On 13 October 1982, you received
nonjudicial punishment (NUP) for larceny. On 6 April 1983, you
were convicted by summary court-martial (SCM) of 59 days of
unauthorized absence (UA) and missing movement. During the
period from 16 May 1983 to 23 April 1984, you had three periods
of UA totaling 295 days. Subsequently, on 22 May 1984, you were
convicted by special court-martial (SPCM) of those periods of UA
and sentenced to confinement at hard labor, a forfeiture of pay,
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 and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your NJP, conviction by SCM for a lengthy
period of UA, and SPCM conviction for periods of UA totaling over
eight 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 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 3
e
Executive Diyector
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