DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 10977-09
3 August 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, segtion 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 July 2010. Thé 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 and began a period of active duty on
29 October 1980. The Board found you were convicted by a general
court-martial (GCM) of desertion, a period of 1,048 days. As a
result, you received a forfeiture of pay, a reduction in
paygrade, and a bad conduct discharge (BCD). You received the
BCD after appellate review was completed on 27 March 1987.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your GCM conviction
for a period of desertion that lasted over two years.
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,
(waa
W. DEAN PFET
Executive Dili
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