DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51OO

TJR
Docket No: 2216-06
20 September 2006

This is in reference to you 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 19 September 2006. 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 5 August 1986 at age 18. On 23 March 1987 you received nonjudicial punishment (NJP) for making a false official statement and were awarded confinement on bread and water for three days and a $100 forfeiture of pay.

During the period from 15 April 1987 to 20 January 1988 you were in an unauthorized absence (UA) status on three occasions. On 4 March 1988 you escaped from custody, but were immediately apprehended. As a result of the foregoing, on 18 May 1988, you were convicted by general court-martial (GCM) of three periods of UA totalling 296 days and escape. You were sentenced to a reduction to paygrade E-1, confinement at hard labor for one year, forfeiture of all pay and allowances, and a bad conduct discharge (BCD).

After the BCD was approved at all levels of review, on 28 August 1989 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 assertion that you were under duress. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive and lengthy periods of UA from the Navy. 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