DEPARTMENTOFTHE NAVY
BOARD F O R C O R R E C T I O N O F N A V A L RECORDS
2 N A V Y A N N E X
WASHINGTON D C 20370-5100
Tim
Docket No: 9534-02
14 August 2003
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 12 August 2003. 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 26 December 1985 at age 20. During
the period from 21 April to 12 September 1986 you received
nonjudicial punishment (NJP) on three occasions for five periods
of unauthorized absence (UA) totalling 4 4 days. On 9 ~ e c e m b e ~
1986 you were convicted by special court-martial (SPCM) of two
periods of UA totalling 48 days and breaking restriction. You
were sentenced to confinement for 45 days and a bad conduct
discharge (BCD) .
The BCD was subsequently approved at all levels of review, and on
15 April 1988 you were so discharged.
he Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and contention of personal problems.
Nevertheless, the Board concluded these factors and your
contention were not sufficient to warrant recharacterization of
your discharge because of your repetitive misconduct, which
resulted in three NJPs and a court-martial conviction.
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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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 August 2003. You received NJP on 22 February 1992 for a 17 period of unauthorized absence (UA) and were awarded restriction and extra duty for 4 5 days and a $550 forfeiture of pay. However, the record does not reflect that any disciplinary action was taken for this period of UA.
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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. On 11 May and again on 16 July 1959 you were convicted by summary court-martial (SCM) of a one day period of unauthorized absence (UA), failure to obey a lawful order, absence from your appointed place of duty, resisting arrest, and breach of the peace. The Board, in its review of your...
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NAVY | BCNR | CY2001 | 08556-01
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 March 2002. 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...