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NAVY | BCNR | CY2010 | 10587-10
Original file (10587-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 10587-10

26 duly 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 20 July 2011. 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,
ang policies.

After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
+o establish the existence of probable material error or
injustice.

You enlisted in the Navy on 23 May 1986. On 3 August 1987, you
received nonjudicial punishment (NTP) for being in an
unauthorized absence (UA) status for 28 days, and missing your
ship’s movement. On 22 April 1988, you were convicted at a
special court-martial (SPCM) of failure to go to your appointed
place of duty, being UA for 33 days, and missing your ship’s
movement. You were sentenced to a forfeiture of $200,
confinement at hard labor for 20 days, and a bad conduct
discharge (BCD). The discharge authority directed the execution
of your BCD. On 15 June 1985, after appellate review, you were
so discharged.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of one NUP and conviction by
SPCM of serious offenses. 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,

Woo SRY

W. DEAN PFEGF
Executive D YG

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