DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 02155-
05
6 October 2005
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 5 October
2005. 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 9 August 1984 at age 20. During the period
from 16 June 1985 to 21 January 1987 you had two periods of
unauthorized absence (UA) totaling 577 days. On 25 February 1987 you
received nonjudicial punishment (NJP) for wrongful use of marijuana
and cocaine.
On 6 March 1987 you were convicted by special court-martial (SPCM) of
six specifications of UA apparently including the two UA’s totaling
577 days. You were sentenced to forfeitures totaling $1050, 75 days of
confinement at hard labor, reduction in paygrade to E-1, and a bad
conduct discharge (BCD). On 20 June 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. However, the Board found that these factors were not sufficient
to warrant recharacterization of your discharge given your record of
four NJP for drug use and conviction by SPCM for lengthy periods of UA
totaling about 19 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,
W. DEAN
Executive
2
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