DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100
SJN
Docket No: 06474-10
21 Apral 2011
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 19 April 2011. 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 and began a period of active duty on
29 November 1966. The Board found that you received nonjudicial
punishment (NJP) for a 21 day period of unauthorized absence
(UA). You were also convicted by special court-martial (SPCM) of
two specifications of UA totaling 115 days, and disobedience.
You were sentenced to a forfeiture of pay, confinement at hard
labor, a reduction in paygrade, and a bad conduct discharge
(BCD). You waived your right to request restoration to full duty
and received the BCD on 9 May 1994 after appellate review was
completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, the reasons you state you went UA, and desire to
upgrade your discharge. Nevertheless, based on the information
currently contained in your record,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your NJP and SPCM
conviction of a period of UA that lasted over three months.
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 D
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