DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TAL
Docket No: 02611-09
14 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 3 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 19
85.at.age 21. On 7 June 1985, you received
cial punishment (NJP) for a period of unauthorized absence
(UA) from your unit. On 13 November 1985, you were convicted by
summary court-martial (SCM) of a 49 day period of UA from your
unit and missing ship’s movement. On 15 May 1986, you received
NIP for UA from your unit and failure to obey a lawful order. On
19 May 1986, you were convicted by special court-martial (SPCM)
of a 95 day period of UA from your unit. You were sentenced to
45 days of confinement, 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
everall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant, recharacterization
_ of your discharge given the seriousness of your misconduct that
resulted in two NJP’s, one SCM and one SPCM for periods of UA
that lasted almost four months. 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 PFEI
Executive Director
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