DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
R
TJ
Docket No: 10463-02
22 September 2003
Your allegations of error and
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
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 16 September 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
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 13 March 1972 at age 18.
1972 you received nonjudicial punishment
unauthorized absence (UA) totalling five days.
imposed as a $15 forfeiture of pay and restriction and extra duty
for five days.
court-martial (SPCM) of unlawful possession of a pistol and
assault with a dangerous weapon.
forfeiture of pay.
On 19 January 1973 you were convicted by SPCM of two periods of
UA totalling three days,
You were
sentenced to confinement at hard labor for two months, a $300
forfeiture of pay, and a bad conduct discharge (BCD).
1973 the BCD was approved at all levels of review.
1973 you received NJP for three periods of UA totalling nine
days, breaking restriction,
loss of an identification card.
The punishment imposed was
restriction for 10 days and a $307.20 forfeiture of pay.
The punishment
On 23 August 1972 you were convicted by special
You were sentenced to a $220
On 11 May
being in an improper uniform, and
On 28 June
(NJP) for two periods of
theft of $45, and assault.
On 2 April
On 15 May 1973 a judge advocate recommended that the BCD be
suspended, stating in part, that you could become a credit to the
Navy.
clemency stating, in part, as follows:
On 24 May 1973 you submitted a written request for
I am planning on getting married.... want probation for six
months.... if I get into trouble, I will take the BCD.... my
stepfather is a heavy dope user.... I want to start a new
life in the Naval Service.
On 25 July 1973
the BCD was approved at all levels of review and on
Despite the foregoing, during the period from 4 June to 12 July
1973 you received NJP on three more occasions for destruction of
government property, making a false official statement, two
specifications of failure to obey a lawful order, and two periods
of absence from your appointed place of duty.
the judge advocate's recommendation for suspension was withdrawn.
On 23 October 1973 you were convicted by civil authorities of
petty theft and sentenced to confinement for 14 days, which was
suspended for a year.
Subsequently,
19 February 1974 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 and immaturity and your contention that you believe
that your discharge should be overturned.
Nevertheless, the
Board concluded these factors and contention were not sufficient
to warrant recharacterization of your discharge because of your
repetitive misconduct, which resulted in five
court-
NJPs, two
martial convictions, and a civil 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.
2
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,
Executive Dir
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