DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SON
Docket No: 03811-11
2 February 2012
eae ‘
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 31 January 2012. 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 reenlisted in the Navy on 26 May 1981 after serving over
three years of honorable service. On 8 December 1982, you were
convicted by special court-martial (SPCM) of 238 days of
unauthorized absence (UA). You were sentenced to confinement at
hard labor, a forfeiture of pay, a reduction in paygrade, and a
bad conduct discharge (BCD). You received the BCD on 11 August
1983 after appellate review.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable service. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of
your discharge given your conviction by SPCM of a period of UA
that lasted over seven months. 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 cemenétrate the
existence of probable material error or injustice.
Sincerely,
© der
Bxelutive Di
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