DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
2 WASHINGTON DC 20370-5160
CRS ;
Docket No: 3082-09
15 January 2010
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 13 January 2010. 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.
The Board found that you enlisted in the Navy on .20 October 1978.
A special court-martial convened on 29 September 1986 and found
you guilty of an unauthorized absence of 2545 days. The court
sentenced you to confinement at hard labor for 450 Gays,
forfeiture of $400.00 pay per month for two months, reduction in
rate, and a bad conduct discharge. You were separated from the
Navy on 12 January 1988 with a bad conduct discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service, and the contention that the unauthorized absence was
your only misconduct. The Board concluded that those factors
were insufficient to warrant recharacterization of your service,
given your lengthy period of absence. 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,
WQous
W. DEAN PFE
Executive D
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