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

FC
Docket No: 1209-04
2 August 2004

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 28 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 that the evidence submitted was insufficient to 

The Board found that you enlisted in the Navy on 17 July 1978 at age 18. You served without disciplinary incident until 20 October 1982, when you received nonjudicial punishment (NJP) for a 34-day period of unauthorized absence (UA). You were awarded forfeitures of pay, restriction, extra duty, and a suspended reduction to paygrade E-3. On 14 May 1983 you were convicted by special court martial (SPCM) of using marijuana. You were sentenced to forfeiture of pay and a reduction to paygrade E-3.

On 2 May 1983 you commenced a period of UA that lasted until 3 February 1986, when you were apprehended by civil authorities. On 21 March 1986 you were convicted by a second SPCM for the foregoing 1240-day period of UA. You were sentenced to confinement at hard labor for four months, forfeitures of pay, a reduction to paygrade E-1, and a bad conduct discharge (BCD). On 13 May 1986 you were placed on appellate leave. After appellate review was completed, on 4 March 1987 you received the BCD.

In its review of your case, the Board carefully weighed all potentially mitigating factors such as your youth, and the length of time that has passed since you were discharged from the Navy. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge because of your period of UA that lasted about 33 months and was terminated only by apprehension, and your other misconduct that included drug use. 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,

2