DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 11218-09
2 September 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 1 September 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
inj wetice.
You enlisted in the Navy on 31 May 1972 at age 18. You served on
active duty for two years and eight months without disciplinary
infraction. However, during the period from 13 January LS75 fe
15 October 1986, you were in an unauthorized absence (UA) status
on four occasions and were declared a deserter.
On 16 October 1986 you were convicted by general court-martial
(GCM) of four periods of UA totalling 4,187 days and sentenced to
confinement at hard labor and a bad conduct discharge (BCD).
Subsequently, the BCD was approved at all levels of review and on
4 February 1988 you were SO discharged.
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. Nevertheless, these factors were not sufficient
to warrant recharacterization of your discharge because of the
seriousness of your repetitive and lengthy periods of UA from the
Navy. 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,
Lun §
W. DEAN PF
Executive D
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