DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 1504-09
7 April 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 24 March 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You initially enlisted in the Navy on 29 February 1980 and served
on active duty until you were honorably discharged on 16 December
1984. You reenlisted in the Navy on 17 December 1984. On 27
September 1985 and 1 May 1986 you received nonjudicial punishment
for wrongful use of marijuana and an unauthorized absence of
about 11 hours. A special court-martial convened on 10 June 1986
and convicted you of escape from custody which resulted in a
declaration of desertion and an unauthorized absence of about 14
days. The court sentenced you to forfeitures of pay,45 days
confinement at hard labor and a bad conduct discharge. The bad
conduct discharge was issued on 18 May 1987.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your prior honorable
service and contention, in effect, that you did not contest the
bad conduct discharge because you were told you were eligible for
veterans' benefits based on your first period of honorable
service. The Board found that these factors and contention were
not sufficient to warrant recharacterization of the bad conduct
discharge given the nature of your offenses. The Board concluded
that the discharge was proper as issued and no change is
warranted.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board believes that you may be eligible for veterans benefits
based on your first period of honorable service. Therefore, if
you have been denied benefits, you should appeal that denial
under procedures established by the Department of Veterans
Affairs.
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. D
EAN PFE
Executive D tor
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