DEPARTMENT OF THE NAVY
BOARED FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX	SJN
	WASHINGTON DC 20370-5100	Docket No: 07998-06
		2 March 2007

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 February 2007. 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 17 April 1981 after two years of honorable service, On 7 June 1981 and 10 June 1982 you received nonjudicial punishment (NJP) for periods of unauthorized absence (UA) totaling 40 days and possession of an unauthorized boarding pass. On 8 March 1983 you were convicted by a special court-martial (SPCM) of three periods of UA totaling 63 days and missing movement on two occasions.

On 8 March 1983 you were convicted by a second SPCM of a 169-day period of UA. You were sentenced to confinement at hard labor, a forfeiture of pay, a reduction in paygrade, and a bad conduct discharge (BCD). On 20 August 1985 you received the BCD after appellate review was completed.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, prior honorable service, and personal problems at that time. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of two NJP’s and convictions by two SPCM’s for periods of UA totaling about nine 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 demonstrate the existence of probable material error or injustice.

Sincerely,

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