DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TJR
Docket No: 7848-03
3 August 2004

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 27 July 2004. 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 on 2 March 1982 at age 17 and served without disciplinary incident until 12 April 1983, when you were convicted by special court-martial (SPCM) of a 60 day period of unauthorized absence (UA). You were sentenced to confinement at hard labor for 45 days, a $200 forfeiture of pay, and reduction to paygrade E-1. On 9 November 1983 you were again convicted by SPCM of an 88 day period of UA and were sentenced to a $600 forfeiture of pay, confinement at hard labor for 45 days, and a bad conduct discharge (BCD). Subsequently, the BCD was approved at all levels of review and on 20 March 1985 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, post service conduct, and assertions that you were not mentally prepared to serve, your ability to serve was impaired by your immaturity, fear, and depression, and your discharge is burdensome. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your lengthy periods of UA. 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.