DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100 CRS
Docket No: 7630-09
23 October 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 15 October 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 reenlisted in the Navy on 12 December
1985. You received nonjudicial punishment on three occasions for
offenses that included three periods of unauthorized absence,
insubordination, willful disobedience of a lawful order, and
failure to obey a lawful order.
A special court-martial convened on 16 May 1990 and found you
guilty of an unauthorized absence of 1356 days, and sentenced you
to confinement for six.months, forfeitures of $482 pay per month
for gix months, and a bad conduct discharge. You were separated
from the Navy with a bad conduct discharge on 27 February 1991.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
service, ag well as your contention that your lawyer informed you
that the discharge would be changed. ‘the Board concluded that
the mitigating factors present in your case are insufficient to
warrant recharacterization of your service, given your extensive
disciplinary record and the serious nature of your offense, as
indicated by the lengthy sentence to confinement at hard labor
that was adjudged in your case. 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 PFEWTF
Executive Dir
r
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