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

TJR
Docket No: 2768-06
16 October 2006

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	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 Bo rd found the evidence submitted w s insufficient to establish the existence of probable material error o injustice.

You reenlisted in the Navy on after three years of prior honorable service. About six months later, on
you were convicted by special court-martial (SPCM) of three periods of unauthorized absence (UA) totalling 71 days, missing the movement of your ship, and breaking restriction. You were sentenced to confinement at hard labor for 100 days and a $1,050 forfeiture of pay.

On XXXX you were convicted by civil authorities of criminal mischief and sentenced to court costs and restitution. On you were convicted by SPCM of five periods of TJA totalling 92 days. You were sentenced to confinement at hard labor for 60 days, a $600 forfeiture of pay, reduction to paygrade E-l, and a bad conduct discharge (BCD).

	After the BCD was approved at all levels of review, on you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your prior honorable service , post service conduct, and assertion that you were stressed due to the death of your parents. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct in both the military and civilian communities. 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,

W. DEAN PFEIFFER
Executive Director

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