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

SJN
Docket No: 11215-06
18 June 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 13 June 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 enlisted in the Navy on 2 November 1983 at age 18. On 23 July 1984 you received nonjudicial punishment (NJP) for attempted assault with a deadly weapon. You received restriction and extra duty.

On 28 August 1985 you were counseled with regards to two periods of unauthorized absence (UA) totaling 335 days. The record does not show the disposition of those periods of UA.

On 3 September 1985 you began a period of UA that ended in your apprehension on 12 March 1987 by civil authorities. Subsequently, you were charged with possession of a controlled substance. On 8 April 1987 you were convicted by special court-martial of this 555-day period of UA. You were sentenced to confinement, a forfeiture of pay, and a bad conduct discharge (BCD). On 4 January 1988 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 and overall period of service. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of an NJP, two periods of lost time totaling over 11 months, and conviction by SPCM for yet another lengthy period 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.

Sincerely,

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