DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 6542-09
3 June 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 2 June 2010. The names and votes of the members
of the panel will be furnished upon request. 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 on 17 December 1981 at age 25. You
served for seven months without disciplinary incident, but on 15
July 1982, you received nonjudicial punishment (NJP) for failure
to obey a lawful order. On 26 December 1985 you began a 25 day
period of unauthorized absence (UA) that was not terminated until
you were apprehended by civil authorities on 20 January 1986 for
violation of probation. However, the record does not reflect the
disciplinary action taken, if any, for this misconduct.
On 2 November 1989 you were convicted by special court-martial
(SPCM) of absence from your appointed place of duty and an 88 day
period of UA. You were sentenced to confinement for 75 days, a
$1,200 forfeiture of pay, reduction to paygrade E-1, and a bad
conduct discharge (BCD). Subsequently, the BCD was approved at
all levels of review, and on 16 February 1989, you were issued a
BCD.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, period of satisfactory service, and desire to upgrade
your discharge based on your need for medical assistance.
Nevertheless, these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive and lengthy periods of UA which resulted in
NIP and a SPCM. Accordingly, your application has been denied.
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 P
Executive \Dir&chor
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