DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5398-09
26 August 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 25 August 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. The Board found that you entered active
duty in the Navy on 30 June 1978. On 31 January 1980, you
received an adverse mark in military behavior. On 20 May 1980,
you entered an unauthorized absence status, which did not end
until 12 July 1982. You were also UA from 15 to 18 August
1982. On 18 August 1982, you were convicted by special court-
martial for the UA totaling over two years. You were sentenced
to a bad conduct discharge (BCD). On 22 November 1983, after
appellate review, you received the BCD. 6
- The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth and
personal problems. Nevertheless, the Board concluded that
these factors were not sufficient to warrant changing your BCD
because of your lengthy period of UA. In view of the above,
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,
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